Peg Lautenschlager sent an e-mail to all her supporters (yes, I'm on that mailing list) about the upcoming death penalty referendum. Here ya go:
On November 7, Wisconsin voters will be asked if the death penalty should be enacted in our state. A statewide “yes” vote would advise legislators to lift the 153-year-old ban on capital punishment for those convicted of first-degree intentional homicide when DNA evidence supports the conviction.So not only is the death penalty morally reprehensible, it's really freakin' expensive.
Much attention has been focused on the moral and justice issues implicit in the institution of the death penalty in Wisconsin. Little attention has been focused on the substantial costs to the criminal justice system that will flow from implementing the ultimate consequence for the commission of a crime.
Not surprisingly, the expense of litigating capital murder cases at the trial and appellate court levels is much higher than that of litigating a like case in which the death penalty is not sought. Investigative and prosecutorial costs will fall heavily on the counties in which the cases are tried. Post-conviction prosecutorial costs will fall heavily on both the counties and the Wisconsin Department of Justice.
Extensive studies of costs associated with the death penalty have been done in Connecticut, Kansas, and New Jersey. These show the following factors to be among those that make death penalty cases so uniquely expensive to litigate at the trial level: More attorneys assigned to the cases; more pretrial motions; more changes in venue; lengthier jury selections; longer trials; more expert witnesses; separate sentencing proceedings; and more psychiatric and medical evaluations.
Other trial costs associated with a death penalty case in Wisconsin likely would include: Increased costs to the Wisconsin Crime Laboratories based on the requirement that convictions be supported by DNA evidence (not all convictions necessitate such evidence); increased investigative costs; and a need for training and certification for attorneys assigned to such matter.
In Kansas, expenses for capital cases were estimated to be 70 percent more than other homicides. In New Jersey, the audit showed that a single capital case can consume an equivalent of sixteen years in attorney time. Approximately 900 attorney work hours are required per appeal at the federal level alone.
In Wisconsin, efficiency would probably require the Department of Justice to create and maintain a Capital Crimes Unit, tasked with representing the state in all appellate and collateral litigation. In the 1990’s, a fiscal note placed these costs to Wisconsin taxpayers at approximately $2 million annually. No doubt the price tag would be higher today.
The Department of Justice would not be the only state agency to incur additional expenses. The Office of the State Public Defender would need additional staff for defense of those charged with capital crimes. The Department of Corrections would have to create and maintain a mechanism of execution and the necessary protocols. The Governor’s Office would have to address clemency applications and assign additional staff thereto.
Clearly, the implementation of the death penalty would cost Wisconsin taxpayers millions of dollars. From where these dollars would come and at what costs to vital criminal justice programs is anybody’s bet. Regardless of one’s position on the sanction itself, a question for all Wisconsin voters this November is at what price do we institute the death penalty?
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