In a comment to this post on death penalty costs at SL&P, capital defense attorney Bruce Cunningham writes, "In the huge majority of capital cases there is no question about who did it. The question is whether he gets death or not."
Everyone involved in capital litigation has known that the whole time. Yet when we answer the argument about the death penalty costing so much by saying it doesn't need to cost so much, we are met with the response that the cost is needed to ensure we do not execute an innocent person. Bunk. Very few capital cases involve any genuine question of actual innocence, and the honest defense lawyers will say so.
The vast bulk of the additional cost involves litigating issues having nothing whatever to do with the guilt determination. So as we debate whether to get rid of the death penalty due to the cost, the alternative of simply getting rid of most of the extra cost must also be considered.
Everyone involved in capital litigation has known that the whole time. Yet when we answer the argument about the death penalty costing so much by saying it doesn't need to cost so much, we are met with the response that the cost is needed to ensure we do not execute an innocent person. Bunk. Very few capital cases involve any genuine question of actual innocence, and the honest defense lawyers will say so.
The vast bulk of the additional cost involves litigating issues having nothing whatever to do with the guilt determination. So as we debate whether to get rid of the death penalty due to the cost, the alternative of simply getting rid of most of the extra cost must also be considered.
Leave a comment