Calif. Death Penalty "Close To Collapse"

Report: State Would Save Hundreds Of Millions Of Dollars By Ending Capital Punishment

(AP)  California's 30-year-old death penalty, which costs more than $100 million annually to administer, is "close to collapse," according to a new report issued Monday.

The California Commission on the Fair Administration of Justice, appointed by the state Legislature to propose criminal justice reforms, issued a 117-page report detailing a deeply flawed death penalty system that has the biggest backlog of cases in the nation.

The commission stopped short of calling for the abolition of the state's death penalty, but did note that California would save hundreds of millions of dollars throughout the criminal justice system if capital punishment were eliminated. It said most condemned inmates are essentially given life sentences because so few executions are carried out.

The commission blamed inadequate legal representation, a broad death penalty law that makes nearly all first-degree murder cases eligible for the death penalty and a host of other issues that has made California capital punishment system "dysfunctional."

"It is the law in name only, and not in reality," the report stated.

The commission did recommended that California double its annual amount of capital punishment spending to hire more defense lawyers and prosecutors, among other improvements.

There are 673 inmates on California's death row and 79 inmates there are still waiting to be appointed attorneys to prepare their automatic appeals to the California Supreme Court.

California has executed 13 inmates since the death penalty was reintroduced in 1978 and none since 2005 when a federal judge ordered a de facto moratorium until state officials fixed flaws he found in the how California prison officials deliver the lethal three-drug cocktail during executions. The U.S. Supreme Court earlier this year upheld Kentucky's lethal injection system, which is nearly identical to California's.

Still, California's executions remain on hold while the federal judge awaits the resolution of a separate death penalty challenge in state courts.

It takes an average of about 17 years in California between the time a killer is convicted and executed on the exceedingly rare occasion when an inmate is executed. The national average is about 10 years.

"The families of murder victims are cruelly deluded into believing that justice will be delivered with finality during their lifetimes," the report stated.

The commission also suggested changing the law to limit the number of crimes eligible for the death penalty to those who commit multiple murders, kill law enforcement officials or witnesses or torture their murder victims. As it stands, the commission said 87 percent of all first-degree murder charges could be prosecuted as death penalty cases.

The commission said it "found no credible evidence" that an innocent person has been executed in California in the last 30 years, but lamented that many inmates suffer from poor legal representation.

The 9th U.S. Circuit Court of Appeals has ruled against prosecutors in 38 of the 54 death penalty cases that have reached the court since the reintroduction of the death penalty in California. The appeals cited ineffective legal representation more often than any other legal reason to toss out a death penalty case.

The report recommended nearly doubling the number of state public defenders to 78 lawyers.

"The strain placed by these cases on our justice system, in terms of the time and attention taken away from other business that the courts must conduct for our citizens, is heavy," the commission concluded.

The state Senate created the commission, which is composed of victims' advocates, lawyers and law professors, in 2004 and its chairman is former California Attorney General John Van de Kamp.

The commission has issued reports on a wide-range of criminal justice issues, including how to reduce the risk of sending innocent people to prison.

Gov. Arnold Schwarzenegger has vetoed three of its recommendations passed by the state Legislature that would have changed the handling of eyewitness identifications, false confessions and testimony of jailhouse informants.

This is the final report of the commission, which disbands Tuesday.

Wow, save hundreds of Millions of dollars. How about that??? Hummmmm, what about justice? What about punnishment fitting the crime? What about allowing brutal repeat murders to live?? Beasts that had no mercy on their victims? We should be excited about this?????

[heuristic1]

This is very good news indeed. It should logically lead to the abolition of the death penalty in California, and indeed the entire country. Haven%u2019t we had enough of legalized murder? It is unfortunate that the only thing that will get the attention of the average blood thirsty American whining about %u201Cjustice%u201D is the cost of capital punishment, not it%u2019s soul destroying barbarism. And yes pilgrimsprog, I am very excited about this.

[ringading3]

Can''t everyone see that California is hopelessly broken?

[cdfoxtrot]

Wow, save hundreds of Millions of dollars. How about that??? Hummmmm, what about justice? What about punnishment fitting the crime? What about allowing brutal repeat murders to live?? Beasts that had no mercy on their victims? We should be excited about this?????

Posted by pilgrimsprog

Quite right. Justice is nothing, if there''s no revenge in there somewhere. The best way to bring justice to someone who has been murdered is to murder the person who is found to have done it. That''ll teach ''em. Two wrongs make a right. Right?

[incog-nito]

Sooner or later the death penalty will be abolished in the U.S. as it already is everywhere else in the Western world. It''s just a matter of time. It''s called progress.

[andor3]

"Cannot everyone see that California is hopelessly broken? "

And yet leading the nation in progress, propping up the economy, and providing entertainment...

What a delightful irony and set of contradictions. That is why you all love us.

[andor3]

"Beasts that had no mercy on their victims?"

and revenge is only more of the beastly weakness. soon the US will have the courage to embrace justice over revenge and that means no death penalty

[dremn1]

Sooner or later the death penalty will be abolished in the U.S. as it already is everywhere else in the Western world. It''''s just a matter of time. It''''s called progress.


REALLY!!! we are going to over turn ROE V WADE

[edward1975-2009]

When you don''t enforce it, it doesn''t work. California, what has happened to you. Between Texas and California, can''t decide which is more screwed up.

[soshljustic]

Well I am ecstatic, but it is true, it is for the wrong reason, to save money. The death penalty must be abolished. No arguement can be made for it. An eye for an eye justice does not work as it is designed to increase the kill til no one is left. No murder is the only answer for a truly civil nation state- where can we find one?

[haoli25]

Yep, that''s a good idea. Take the savings and build a little wedding chapel in each prison....it''s legal now in California. lmao

[rudy654-2009]

Can''''t everyone see that California is hopelessly broken?


--------------------------------------------------------------------------------

Posted by RingADing3 at 11:46 PM

The fifth largest economy in the world is broken? I say California keep all its produce and not sell it to midwestern flooded states and let''s see how broken California is.

[edward1975-2009]

soshljustic: You want the death penalty to work, bring back public executions. Let people see how people really die. Not this " putting your dog to sleep" method we use. In nations where public executions exist, there is little or no capital crime committed. If administered correctly, it could be a great detterent.

[sistatee-2009]

Instead of puting these people to death, why don''t they just kill them.

[grammawhamma]

I am against the death penalty because no one has the right to take another''s life except in self defense. (and yes, I am also against abortion)

I also think prison should not be a picnic. It should be a very miserable experience. I think they should be given the option of a lethal injection when they have had enough of life in prison. Makes sense to me.

[istj04]

Let those who would oppose the death penalty explain it to a murder victim''s family, and look them in the eye, and explain how the sub-human entity that killed their loved one should be allowed to live LONGER then the loved one did. Let the liberal, bleeding-heart, anti-death penalty lawyers that are opposed to the death penalty do this as well. Finally, let''s get the victim''s families involved, and allow THEM the right to determine the time, date, and yes, METHOD of execution of the murderer of their loved one. Let''s see the anti-death penalty types oppose THAT!

[grammawhamma]

Killing the killer will not bring the victim back to life. That is called revenge...not punishment.

BUT the punishment given to the killer should be so miserable a life that perhaps they would want to be euthanized eventually. And if that is the case...then grant them their wish.

[oneworldusa]

I know electricity is high these days, but $100 Million to Zap a few losers every year? Ain''t buying it.

[oneworldusa]

I used to be anti-death penalty. But then I see all the children missing and murdered every day, and life in prison, with free meals, free showers, TVs, workout equipment and free college educations is apparently not enough of a deterrent to prevent these unspeakable crimes.

We need expansion of the death penalty to act as a larger deterrent of violent crime. We need to protect the innocent victims, not the criminals.

[grammawhamma]

OneWorldUSA: I think people who commit violent crimes don''t stop and think first about getting the death penalty. They commit the crimes because they think they won''t get caught.

[usmcvn1]

Put Joe Horn in charge of death row in CA.

[incog-nito]

In nations where public executions exist, there is little or no capital crime committed. If administered correctly, it could be a great detterent.

Posted by Edward1975 at 01:33 AM : Jul 01, 2008

FYI: The countries that still have public executions just happen to be very repressive countries, including Iran and Afghanistan under the Taliban. I gather most Americans don''t want to be included in that group. In Medieval Europe public torture, dismemberment, disembowelment and execution were commonplace. Somehow I doubt that period was the golden age of law and order.

[haoli25]

That is called revenge...not punishment. Posted by GrammaWhamma



Not REVENGE, Retribution!

Go ahead and get rid of the death penalty. I need only worry about my loved ones. If they are murdered, raped, or seriously injured, I will do the killing. I will let others worry about their own, if they don''t care enough about the crimes against them, then they can let the killers live...Not me!

[juwboy]

I have no problem with the death penalty as a CONCEPT. However, the justice system is less than perfect and one innocent life lost because of an erroneous jury decision is too much.

If the sentence is life without the possibility of parole, a mistake can subsequently be corrected, the innocent person can be freed and compensation paid for years spent in prison.

If the sentence is death, a mistaken verdict cannot be corrected.

For that reason alone, I am against the death penalty.

[rafterman1]

===Put Joe Horn in charge of death row in CA.===
Posted by usmcvn1

I hear he''s with the Atlanta Falcons now.

:)

[sandy19731]

Keith, using your real name and making death threats on-line. That takes guts, or something....

[slim1h2o]

I would say the whole American Justice system is "dysfunctional."

[sandy19731]

We need to figure out a way to make prison more punative for those convicted of violent crimes and/or more beneficial to the public (like chain gangs used to be). Apparently we fail at the death penalty, and 100 million dollars a year for one state is just too much to waste on this.
We also need to relax our recreational drug laws (costing us too much), I would rather anyone drive stoned than drunk yet the penalties are many times worse. And, no I do not use drugs.

[gkc99]

There are people who need to die, who need to be facing execution, even if it takes 20 years.

Like Richard Allen Davis. Hang him high.

[extremophil]

The death penalty costs California millions of dollars because they allow shyster lawyers to abuse the system with endless & needless appeals. California deserves itself.

[nssherlock1]

This might be a good thing. It may lure all of the serial killers to California and leave the rest of us alone.

[newsnut123]

I agree with nsSherlock1. California is going to hell in a handbasket anyway. First they allow **** marriages, now this. Good luck with that there Cali!

[pensacola88]

The Death Penalty is clearly the greatest Pandora''s Box that exists on any state budget. The expenses are right up there next to roads and bridges. The cost of capital murder prosecutions, convictions and executions are so high and give nothing in return to the taxpayer. While a "Life without parole" is not a free sentence and produces a dead convicted felon over a longer period of time, it makes government easier to afford for a taxpayer. Paying for a death penalty is an expense fewer taxpayers want to continue to pay. Today, fewer taxpayers have faith in their state''s legal system''s ability to successfully execute a convicted felon, than they had 20 years ago. The bragging rights of Texas and Florida don''t impress the citizens either who live there. It is clear that homicides aren''t being abated and citizens have less trust in their state''s legal system credibility. The appetite for death through an execution gratifies fewer taxpayers as they learn what they pay to have this privelege. Morally, it is disturbing to imagine that a convicted person is broken down mentally and spiritually over years and then escorted to a chamber where they can be tied down to a gurney and calmly injected with toxins. It doesn''t gratify too many to execute a person who isn''t fighting back or resisting their death.

[hologram5]

The Justice system as a whole is broken. We have the Judicial branch creating law from the bench. This is not their job. Their job is to uphold law, not write law. Although it is broken beyond repair, it is all we have. Get rid of the crooks and judges that think they know better than the people and we''ll be fine.

[berniepeders]

The death penalty costs California millions of dollars because they allow shyster lawyers to abuse the system with endless & needless appeals. California deserves itself.

Posted by Extremophil

There are people who need to die, who need to be facing execution, even if it takes 20 years.

Like Richard Allen Davis. Hang him high.

Posted by gkc99

Amen. Kill em all and let "God" sort em out!

[nssherlock1]

It doesn''''t gratify too many to execute a person who isn''''t fighting back or resisting their death.
Posted by Pensacola88


The truth is that many of them kick, scream, fight, and cry like a little girl. They have no problem killing someone else, often times many people, but they do have a problem when it''s their turn.

[dowell100]

There is no justice in America anymore. We are in moral ruin. Our financial strength is gone. Our President, Congress and Governors have failed us, and weaker people are running for office. American Liberalism has failed, Democracy has failed.

[jlagat]

When California talks, America listens.
When California walks, America watches.
When stories about California break, America won''t shut up about it.

The state of California-- the center of America''s universe since 1850.

[jehovahwtnss]

I for one will mourn the end of the death penalty in the USA because I have always believed that the punishment meted out to the most heinous criminals is a true hell on earth, for they not only suffer an effective life sentence in an agony of fading hope but at the end of it they get executed anyway

[nssherlock1]

I see that Susan Atkins has applied for ''compassionate release'' from prison for the murder of Sharon Tate.
Hmmm, I am not feeling particularly ''compassionate'' for a woman that stabbed a pregnant woman and her baby to death.

[shawnp1968]

It wouldn''t cost $100 million annually if we would stop coddling these criminals and just put a bullet between their eyes! Bullets are much cheaper than the concoction of drugs that have to be administered in the death chamber!!! Tell you what.... I''ll supply the bullets for all 50 states for the next 10 years.... how does that sound??? Savin ya money!!!

[shawnp1968]

When California talks, America listens.
When California walks, America watches.
When stories about California break, America won''''''''t shut up about it.

The state of California-- the center of America''''''''s universe since 1850.

Posted by Jlagat


If the United States was the circus... California would be the tent with the Freak Show in it!!! Everyone just looks at California and chuckles!!!

[parrot123-2009]

It wouldn''''t cost $100 million annually if we would stop coddling these criminals and just put a bullet between their eyes! Bullets are much cheaper than the concoction of drugs that have to be administered in the death chamber!!! Tell you what.... I''''ll supply the bullets for all 50 states for the next 10 years.... how does that sound??? Savin ya money!!!
Posted by shawnp1968 at 10:52 AM : Jul 01, 2008

Try looking into the many overturned deathrow convictions - you''d run the risk of being labelled a liberal once you''re done .... It''s quite revealing. Cheers!

[ianlou]

How about replacing it with Life Sentances without bread and water.

[observer2020]

ianlou: Because some bleeding hearts (that are still allowed to bleed because someone didn''t kill them) insist these slimos have a right to live! I agree that all privileges should be taken away from prisoners and bring back very HARD labor. They should not have access to internet, TV, further education, mail (other than their immediate family), and other perks given to prisoners nowadays. They broke the law and should be punished for it, not coddled, as they are now. The only ''punishment'' comes from their fellow prisoners...everything else is a break from real life. Just lock them in their cells for 23 hrs a day--all of them--that way the gangs can''t get together. Plus, the ones who do get out have gotten a crash course in furthering their education in crime only...they come out ''better'' criminals! The lawyers have really messed up the judicial system.

[ianlou]

When California talks, America listens.
When California walks, America watches.
When stories about California break, America won''''t shut up about it.

The state of California-- the center of America''''s universe since 1850.
Posted by jlagat

When California talks, America listens and shakes their head.
When California walks, America watches and laughs.
When stories about California break, America won''''t shut up about it, bad news travels fast.

The state of California-- the epicenter of America''''s disasters since 1850.

Just kidding, I loved visiting Tahoe and Yosemite.

[credibility2]

In the land where people struggle to find the me that doesn''t exist, I say, gather all the death-row mongrels and do a mass execution and rid the system of these load stones once and for all, and demonstrate to the rest of the nation that you do in fact know what you''re doing and which is in the best interest of the people.

[shortyinmo]

The death penalty is cheaper than supporting carrer criminals (most first time offenders aren''t getting the death penalty) for the rest of their lives. Does it matter if they take one life or twenty?

Stop giving them cable, a commisary, etc. Make them work while they are in there HARD labor. And for goodness sake let''s stop this endless string of appeals. I do think there should be an appeal process, to protect the truly innocent and even the guilty who have poor defenses. But dragging it out for 10+ years is the reason prisons are so crowded in the first place.

Why feel sorry for these people? As I have stated before...PERSONAL RESPONSIBILITY is a must and so is living (or dying) for the consiquences of your actions.

[jlagat]

When California talks, America listens and shakes their head.
When California walks, America watches and laughs.
When stories about California break, America won''''''''t shut up about it, bad news travels fast.

The state of California-- the epicenter of America''''''''s disasters since 1850.

Just kidding, I loved visiting Tahoe and Yosemite.

Posted by ianlou at 11:23 AM : Jul 01, 2008

(LOL)
And when your state''s GDP gets to within $500 billion of ours, then we may start to give a **** what you think.