States may remove the death penalty to save money

by Emily Hudson

For decades the death penalty has been a taboo topic among acquaintances, spurring countless moral arguments at the dinner table of average Americans all the way to the lofty benches of the highest court in the nation and back.

Yet, this year alone 11 states put forth legislation to abolish the death penalty. The reason has nothing to do with religion or politics, but about one major factor: the money.

In the past few months, state governments looking for budget cuts to ease to weight of the sinking national economy have begun considering the cost-effectiveness of the death penalty, some in lieu of their previous pro-capital convictions.

On March 18, New Mexico became the 15th state to abolish capital punishment in spite of Governor Bill Richardson’s previous long-term support of pro-capital punishment. 

The bill removes capital punishment as an option, but replaces it with a sentence of life in prison without the possibility of parole.

Many opponents of the bill argued that abolishing capital punishment would remove a major factor helping to deter heinous crimes in the state. Richardson, on the other hand was convinced otherwise.

“Yes, the death penalty is a tool for law enforcement. But it’s not the only tool,” Richardson said last Wednesday at the signing. “For some would-be criminals, the death penalty may be a deterrent. But it’s not, and never will be, for many, many others.”

Richardson also cited the inadequacies of the criminal justice system as a reason for his change of heart.

“More than 130 death row inmates have been exonerated in the past 10 years in this country, including four New Mexicans – a fact I cannot ignore,” Richardson said.

Similar bills are being discussed in Colorado, Illinois, Maryland, Montana, New Hampshire, Texas and Washington. All of these bills are currently on their way through the states’ Senate and House committees. This is a diverse group of states coming together in principle on the common ground of high cost. 

Maryland democratic governor, Martin O’Malley, has been a long time advocate against the death penalty, citing a religious obligation to the practice. He recently spoke before the Maryland senate, arguing in favor of cutting the practice to cut costs.


O’Malley said that the death penalty is unnecessary when there are better and cheaper ways to reduce crime.

According to a 2008 study by the Urban Institute, a capital-eligible case in Maryland could cost the state approximately $3 million. That is $1.9 million more than it would cost for a case that was not capitally prosecuted. Prison costs were also more than three times more expensive in cases where capital punishment was sought.

Those in opposition to the new legislation argue that money should not impugn justice.

For State Senator Carolyn McGinn, R-Kansas, the decision to abolish the death penalty is about the costliness and necessity of capital punishment. 

“Having this discussion in no way diminishes the pain and grief that victims and family members go through. Nor does it indicate that those on death row are not deserving of dying in prison,” McGinn said in a recently published opinion editorial. “It does cause one to ask whether lethal injection is worse than being forced to live life in isolation until death.”

The state of Utah was among those 11 states with proposed bills seeking to save money by avoiding the appellate swamp that accompanies a death sentence. However, the bill died in the House on March 12.