Death Penalty Op-Ed Here is the
link.
Here is the text:As the warden of San Quentin, I presided over four executions. After each one, someone on the staff would ask, "Is the world safer because of what we did tonight?"
We knew the answer: No.
I worked in corrections for 30 years, starting as a correctional officer and working my way up to warden at San Quentin and then on to the top job in the state -- director of the California Department of Corrections and Rehabilitation. During those years, I came to believe that the death penalty should be replaced with life without the possibility of parole.
I didn't reach that conclusion because I'm soft on crime. My No. 1 concern is public safety. I want my children and grandchildren to have the safety and freedom to pursue their dreams. I know from firsthand experience that some people are dangerous and must be removed from society forever -- people such as Robert Lee Massie.
I presided over Massie's execution in 2001. He was first sentenced to death for the 1965 murder of a mother of two. But when executions were temporarily banned in 1972, his sentence was changed to one that would allow parole, and he was released in 1978. Months later, he killed a 61-year-old liquor store owner and was returned to death row.
For supporters of the death penalty, Massie is a poster child. Yet for me, he stands out among the executions I presided over as the strongest example of how empty and futile the act of execution is.
I remember that night clearly. It was March 27, 2001. I was the last person to talk to Massie before he died. After that, I brought the witnesses in. I looked at the clock to make sure it was after midnight. I got a signal from two members of my staff who were on the phone with the state Supreme Court and the U.S. attorney general's office to make sure there were no last-minute legal impediments to the execution. There were none, so I gave the order to proceed. It took several minutes for the lethal injections to take effect.
I did my job, but I don't believe it was the right thing to have done. We should have condemned Massie to permanent imprisonment -- that would have made the world safer. But on the night we executed him, when the question was asked, "Did this make the world safer?" the answer remained no. Massie needed to be kept away from society, but we did not need to kill him.
Why should we pay to keep him locked up for life? I hear that question constantly. Few people know the answer: It's cheaper -- much, much cheaper than execution.
I wish the public knew how much the death penalty affects their wallets. California spends an additional $117 million each year pursuing the execution of those on death row. Just housing inmates on death row costs an additional $90,000 per prisoner per year above what it would cost to house them with the general prison population.
A statewide, bipartisan commission recently concluded that we must spend $100 million more each year to fix the many problems with capital punishment in California. Total price tag: in excess of $200 million-a-year more than simply condemning people to life without the possibility of parole.
If we condemn the worst offenders, like Massie, to permanent imprisonment, resources now spent on the death penalty could be used to investigate unsolved homicides, modernize crime labs and expand effective violence prevention programs, especially in at-risk communities. The money also could be used to intervene in the lives of children at risk and to invest in their education -- to stop future victimization.
As I presided over Massie's execution, I thought about the abuse and neglect he endured as a child in the foster care system. We failed to keep him safe, and our failure contributed to who he was as an adult. Instead of spending hundreds of millions of dollars to kill him, what if we spent that money on other foster children so that we stop producing men like Massie in the first place?
As director of corrections, I visited Watts and met with some ex-offenders. I learned that the prison system is paroling 300 people every week into the neighborhood without a plan or resources for success. How can we continue to spend more than $100 million a year seeking the execution of a handful of offenders while we fail to meet the basic safety needs of communities like Watts?
It is not realistic to think that Watts and neighborhoods like it will ever get well if we can't -- or won't -- support them in addressing the problems they face.
To say that I have regrets about my involvement in the death penalty is to let myself off the hook too easily. To take a life in order to prove how much we value another life does not strengthen our society. It is a public policy that devalues our very being and detracts crucial resources from programs that could truly make our communities safe.
Jeanne Woodford is the former director of the California Department of Corrections and Rehabilitation and the former warden of San Quentin State Prison. Dearest Haddock,
Congrats on your research!
I'm sure Mrs. Woodford would be forced to agree that if Massie was executed for his first murders which got him on DR row there would have been no further murder committed by him and this shop owner would have be alive and well today! The Massie case supports the "Incapaciation Argument" for the DP, which comprises about 15% of my reasoning for being pro-DP! About 80% of my pro-DP support is based on the deterrent effect, which you must concede exists to some extent or else you're claiming that all people who entertain thoughts of murder are ALL robotic, or ALL stupid and/or meglomaniac and unlike normal people don't avoid life endangering situations!
The big "politically correct" lie that the DP doesn't deter ( reduce ) murder is coming closer to being exposed! More and more sholars are academically and scientifically supporting the common sense truth that the DP deters murder with tangible evidence!
www.faithandthecity.org/issues/social/articles/Does-death-penalty-save-lives.shtml Does death penalty save lives? A new debate
By Adam Liptak
New York Times
Nov. 18, 2007
For the first time in a generation, the question of whether the death penalty deters murders has captured the attention of scholars in law and economics, setting off an intense new debate about one of the central justifications for capital punishment.
According to roughly a dozen recent studies, executions save lives. For each inmate put to death, the studies say, 3 to 18 murders are prevented.The effect is most pronounced, according to some studies, in Texas and other states that execute condemned inmates relatively often and relatively quickly.The studies, performed by economists in the past decade, compare the number of executions in different jurisdictions with homicide rates over time - while trying to eliminate the effects of crime rates, conviction rates and other factors - and say that murder rates tend to fall as executions rise. One influential study looked at 3,054 counties over two decades.
"I personally am opposed to the death penalty," said H. Naci Mocan, an economist at Louisiana State University and an author of a study finding that each execution saves five lives. "But my research shows that there is a deterrent effect."The studies have been the subject of sharp criticism, much of it from legal scholars who say that the theories of economists do not apply to the violent world of crime and punishment. Critics of the studies say they are based on faulty premises, insufficient data and flawed methodologies.
The death penalty "is applied so rarely that the number of homicides it can plausibly have caused or deterred cannot reliably be disentangled from the large year-to-year changes in the homicide rate caused by other factors," John J. Donohue III, a law professor at Yale with a doctorate in economics, and Justin Wolfers, an economist at the University of Pennsylvania, wrote in the Stanford Law Review in 2005. "The existing evidence for deterrence," they concluded, "is surprisingly fragile."
Gary Becker, who won the Nobel Prize in economics in 1992 and has followed the debate, said the current empirical evidence was "certainly not decisive" because "we just don't get enough variation to be confident we have isolated a deterrent effect."
But, Mr. Becker added, "the evidence of a variety of types - not simply the quantitative evidence - has been enough to convince me that capital punishment does deter and is worth using for the worst sorts of offenses."
The debate, which first gained significant academic attention two years ago, reprises one from the 1970's, when early and since largely discredited studies on the deterrent effect of capital punishment were discussed in the Supreme Court's decision to reinstitute capital punishment in 1976 after a four-year moratorium.
The early studies were inconclusive, Justice Potter Stewart wrote for three justices in the majority in that decision. But he nonetheless concluded that "the death penalty undoubtedly is a significant deterrent."
The Supreme Court now appears to have once again imposed a moratorium on executions as it considers how to assess the constitutionality of lethal injections. The decision in that case, which is expected next year, will be much narrower than the one in 1976, and the new studies will probably not play any direct role in it.
But the studies have started to reshape the debate over capital punishment and to influence prominent legal scholars.
"The evidence on whether it has a significant deterrent effect seems sufficiently plausible that the moral issue becomes a difficult one," said Cass R. Sunstein, a law professor at the University of Chicago who has frequently taken liberal positions. "I did shift from being against the death penalty to thinking that if it has a significant deterrent effect it's probably justified."
Professor Sunstein and Adrian Vermeule, a law professor at Harvard, wrote in their own Stanford Law Review article that
"the recent evidence of a deterrent effect from capital punishment seems impressive, especially in light of its 'apparent power and unanimity,' " quoting a conclusion of a separate overview of the evidence in 2005 by Robert Weisberg, a law professor at Stanford, in the Annual Review of Law and Social Science.
"Capital punishment may well save lives," the two professors continued.
"Those who object to capital punishment, and who do so in the name of protecting life, must come to terms with the possibility that the failure to inflict capital punishment will fail to protect life."To a large extent, the participants in the debate talk past one another because they work in different disciplines.
"You have two parallel universes - economists and others," said Franklin E. Zimring, a law professor at the University of California, Berkeley, and the author of "The Contradictions of American Capital Punishment." Responding to the new studies, he said, "is like learning to waltz with a cloud."
To economists, it is obvious that if the cost of an activity rises, the amount of the activity will drop.
"To say anything else is to brand yourself an imbecile," said Professor Wolfers, an author of the Stanford Law Review article criticizing the death penalty studies.
To many economists, then, it follows inexorably that there will be fewer murders as the likelihood of execution rises.
"I am definitely against the death penalty on lots of different grounds," said Joanna M. Shepherd, a law professor at Emory with a doctorate in economics who wrote or contributed to several studies. "But I do believe that people respond to incentives."
But not everyone agrees that potential murderers know enough or can think clearly enough to make rational calculations. And the chances of being caught, convicted, sentenced to death and executed are in any event quite remote. Only about one in 300 homicides results in an execution.
"I honestly think it's a distraction," Professor Wolfers said. "The debate here is over whether we kill 60 guys or not. The food stamps program is much more important."
The studies try to explain changes in the murder rate over time, asking whether the use of the death penalty made a difference. They look at the experiences of states or counties, gauging whether executions at a given time seemed to affect the murder rate that year, the year after or at some other later time. And they try to remove the influence of broader social trends like the crime rate generally, the effectiveness of the criminal justice system, economic conditions and demographic changes.
Critics say the larger factors are impossible to disentangle from whatever effects executions may have. They add that the new studies' conclusions are skewed by data from a few anomalous jurisdictions, notably Texas, and by a failure to distinguish among various kinds of homicide.
There is also a classic economics question lurking in the background, Professor Wolfers said. "Capital punishment is very expensive," he said, "so if you choose to spend money on capital punishment you are choosing not to spend it somewhere else, like policing."
A single capital litigation can cost more than $1 million. It is at least possible that devoting that money to crime prevention would prevent more murders than whatever number, if any, an execution would deter.
The recent studies are, some independent observers say, of good quality, given the limitations of the available data.
"These are sophisticated econometricians who know how to do multiple regression analysis at a pretty high level," Professor Weisberg of Stanford said.
The economics studies are, moreover, typically published in peer-reviewed journals, while critiques tend to appear in law reviews edited by students.
The available data is nevertheless thin, mostly because there are so few executions.
In 2003, for instance, there were more than 16,000 homicides but only 153 death sentences and 65 executions.
"It seems unlikely," Professor Donohue and Professor Wolfers concluded in their Stanford article, "that any study based only on recent U.S. data can find a reliable link between homicide and execution rates."
A 2003 paper by Lawrence Katz, Steven D. Levitt and Ellen Shustorovich published in The American Law and Economics Review found a "a strong and robust negative relationship" between prison conditions, as measured by the number of deaths in prison from any cause, and the crime rate. The effect is, the authors say, "quite large: 30-100 violent crimes and a similar number or property crimes" were deterred per prison death.
On the other hand, the authors found, "there simply does not appear to be enough information in the data on capital punishment to reliably estimate a deterrent effect."
There is a lesson here, according to some scholars.
"Deterrence cannot be achieved with a half-hearted execution program," Professor Shepherd of Emory wrote in the Michigan Law Review in 2005. She found a deterrent effect in only those states that executed at least nine people between 1977 and 1996.
Professor Wolfers said the answer to the question of whether the death penalty deterred was "not unknowable in the abstract," given enough data.
"If I was allowed 1,000 executions and 1,000 exonerations, and I was allowed to do it in a random, focused way," he said, "I could probably give you an answer."
Copyright 2007 The New York Times Company