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The Meaning of Lower Death Penalty Stats

By Jeralyn, Section Death Penalty
Posted on Tue Feb 03, 2009 at 09:47:38 PM EST
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Time Magazine reports on declining death penalty numbers, saying a shift has developed against capital punishment.

Last year saw just 37 executions in the U.S., with only 111 death sentences handed down. Although 36 states and the Federal Government still have death penalty laws on the books, the practice of carrying out executions is limited almost entirely to the South, where all but two of last year's executions took place. (The exceptions were both in Ohio.)

Law Prof Doug Berman of Sentencing Law and Policy isn't as positive about the meaning of the decline:

The last few weeks of January 2009 brought seven executions (five of which were in Texas), the most in any concentrated period since June 2007. In addition, there are two executions scheduled for tomorrow (one in Tennessee and one in Texas). Also, Virginia's legislature recently voted to expand that state's death penalty law.

Death penalty opponents do see a shift. Time notes: [More..]

Death penalty opponents say the use of DNA evidence, which has led to a number of prisoners being released from death row, is a big part of the reason for the decline in executions generally. "That's had a ripple effect," says Richard Dieter of the Death Penalty Information Center, a Washington-based advocacy group. "The whole legal system has become more cautious about the death penalty. Prosecutors are not seeking it as much. Juries are returning more life sentences. And judges are granting more stays of execution. Last year there were over 40."

I think economics weigh in as well. People are starting to realize the enormous cost of death penalty trials and appeals and realizing that life without parole is an effective punishment tool. Look at the trend in various states this year:

In 2007 New Jersey became the first state in 40 years to abolish its death penalty. In that same year repeal bills were narrowly defeated in Montana, Nebraska and New Mexico, all of which are revisiting the issue this year. Now the focus is on Maryland. After years of failed attempts by death penalty opponents to bring a repeal bill to a vote in the state legislature,

Texas and the South will always be an unfortunate anomaly. But I agree with Time, in the rest of the country, the pendulum is shifting in the right direction -- against the death penalty.

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    The Meaning of Lower Death Penalty Stats | 11 comments (11 topical)

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    We have one scheduled here in TN in (none / 0) (#1)
    by Teresa on Tue Feb 03, 2009 at 09:57:25 PM EST
    a couple of hours. It's the first one in a while. The Supreme Court ruled no stay if I read the article correctly.

    DNA evidence (none / 0) (#2)
    by denise k on Tue Feb 03, 2009 at 10:04:51 PM EST
    Incontrovertible DNA evidence showed just how risky it is to rely on a very imperfect jury trial system to justify putting someone to death.  I don't believe I have ever seen absolute proof that an innocent was actually put to death, but given the number of overturned convictions, it seems hard to believe that there aren't quite a few.  

    Evidence being what it is... (5.00 / 1) (#4)
    by phat on Tue Feb 03, 2009 at 10:08:18 PM EST
    It's hard to have proof of an innocent being executed. But the evidence is so strong that it's hard to believe it hasn't happened.

    Parent
    The Death Penalty Hearings in Nebraska (none / 0) (#3)
    by phat on Tue Feb 03, 2009 at 10:06:25 PM EST
    We had really great hearings just last week. Probably the best we've ever seen in Nebraska. We had Michael Radelet from your neck of the woods and some other amazing testimony.

    I'm not optimistic about the repeal bill this year. Enough of the Democrats in the legislature are terrified of the issue (they've been given bad advice, in my opinion) and the Republican leadership threaten everybody.

    The Governor plays games with this issue, along with the Attorney General. Lethal injection is a priority of the Speaker, too.

    I will say, though, that my sense is the tide is turning. If I had money for a poll, I'd fund one out of my own pocket.

    THat is Amazing (none / 0) (#5)
    by squeaky on Tue Feb 03, 2009 at 10:10:45 PM EST
    Death penalty opponents say the use of DNA evidence, which has led to a number of prisoners being released from death row, is a big part of the reason for the decline in executions generally.

    But not surprising.

    i disagree jeralyn: (none / 0) (#6)
    by cpinva on Wed Feb 04, 2009 at 01:26:00 AM EST
    I think economics weigh in as well. People are starting to realize the enormous cost of death penalty trials and appeals and realizing that life without parole is an effective punishment tool.

    the average person hasn't a clue what the actual cost of actually executing someone is. think i'm wrong? try this little experiment, on any street, anywhere in the country: ask 10 random adults what they think it cost to execute someone, from (so to speak) soup-to-nuts (initial trial, through the final squirt, shot of current or trap-door opening). you, but not i, will be surprised at how far off they are.

    i would be more inclined to believe that DNA (and the attendent, high profile cases) has more to do with it. that's something the average person can wrap their mind around. especially with tv shows like CSI having excellent ratings.

    prof. berman is also correct, i believe, but for the simple historical reason that capital punishment has always been a popular family entertainment venue in the south, especially for felons of color.

    again, don't believe me? do this: check the records. you'll find that, from the first permanent english settlement, in 1607, jamestown, va, there have been more executions, both in gross figures, and per capita, in the colonies/states making up the old confederacy, than the entire rest of the country combined. this would include the states that became "the old west" too.

    it was considered an event for a family outing in the south, much as it was in old england. frankly, up until the 1930's.

    so no, i don't expect to see its use decline much in the south (and texas) anytime real soon.

    Can't happen to soon for me (none / 0) (#7)
    by Saul on Wed Feb 04, 2009 at 06:00:46 AM EST
    We got one scheduled today in Texas.

    Texas averages one per month.

    Capital punishment does nothing to deter crime.  If it did, the way we put them to death in Texas, you would think Texas would be devoid of all capital murders but they happen anyway despite Texas being the leader in executions.

    Maybe so, (none / 0) (#8)
    by sarcastic unnamed one on Wed Feb 04, 2009 at 11:19:35 AM EST
    but an executed murderer will not commit any more murders.

    Parent
    Maybe we should extend it (none / 0) (#9)
    by jondee on Wed Feb 04, 2009 at 11:35:34 AM EST
    and execute to prevent "more" thievery, rapes, assaults etc etc In no time we'll have that Libertaian utopia.

    Parent
    The straw man fallacy: (none / 0) (#10)
    by sarcastic unnamed one on Wed Feb 04, 2009 at 12:14:08 PM EST
    A straw man argument is an informal fallacy based on misrepresentation of an opponent's position.[1]

    To "set up a straw man," one describes a position that superficially resembles an opponent's actual view, yet is easier to refute. Then, one attributes that position to the opponent.  

    For example, someone might deliberately overstate the opponent's position.[1]

    While a straw man argument may work as a rhetorical technique--and succeed in persuading people--it carries little or no real evidential weight, since the opponent's actual argument has not been refuted.[2]



    Parent
    So you weren't just (5.00 / 1) (#11)
    by jondee on Wed Feb 04, 2009 at 12:48:16 PM EST
    backhandedly reiterating the detterent argument again; just stating the simple fact that executed murderers wont commit any more murders?

    Parent
    The Meaning of Lower Death Penalty Stats | 11 comments (11 topical)

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