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[NA-BK719_LAWGRA_A_20110316183828.jpg] Law School First-Year Law School Enrollment At 1977 Levels * Law School * Constitutional Law * Supreme Court * Lawyers & Law Firms * State Legislation * Intellectual Property 12:46 pm Oct 8, 2012 Criminal Law Death-Penalty Debate Increasingly Turning on Cost * Article * Comments (8) * Death Penalty * smaller * Larger * facebook * twitter * google plus * linked in * Email * Print * facebook * twitter * google plus * linked in * Email * Print * smaller * Larger * facebook * twitter * google plus * linked in * Email * Print By * Ashby Jones + IFRAME: twitter_iframe @jonesashby + Ashby.Jones@wsj.com + Biography * CONNECT + IFRAME: twitter_iframe @jonesashby + Ashby.Jones@wsj.com + Biography Emily Berl for The Wall Street Journal Ninth Circuit Judge Arthur Alarcón, outside federal court in Los Angeles, says he is conflicted about the death penalty now, because of its costs. Once upon a time, say, 35 years ago, arguments about the death penalty tended to revolve around a host of issues, like whether it deters crime better than lengthy prison terms or whether it’s morally justifiable. But these days, debates about capital punishment are turning largely on one issue: cost. Opponents of the death penalty are finding some unlikely allies: tough-on-crime types concerned about its price-tag. This consideration is particularly prominent in California, where a referendum to abolish the death penalty will appear on the ballot in November. Politicians in more conservative states also are taking another look at capital punishment, on cost grounds. Some death-penalty supporters, meanwhile, agree that costs must be reined in, but they say capital punishment should be fixed instead of abolished. The conflict comes amid deepening uncertainty over the death penalty, which was reinstated in many states after it was upheld as constitutional by the U.S. Supreme Court in 1976. Since 2007, however, the death penalty has been abolished in five states: Connecticut, Illinois, New Jersey, New Mexico and New York. And public support for capital punishment, while at 61%, is at its lowest level in 39 years, according to a Gallup poll last year, the latest available. The referendum proposed by a coalition of death-penalty opponents in California would replace the death penalty with a sentence of life without parole for all death-row inmates. The state, which last executed an inmate in 2006, holds nearly a quarter of all death-row inmates nationwide. Some supporters of the referendum point to a 2011 study co-authored by Arthur Alarcón, a federal appellate judge for the Ninth Circuit in Los Angeles, which found California had spent more than $4 billion on capital punishment since it was reinstated in 1978 — about $308 million for each of the 13 executions since then. The referendum calls for devoting $100 million in budget savings over the next 3½ years to investigations of unsolved rape and murder cases. But the debate is creeping beyond the borders of “blue” states like California. In Montana, some conservatives are behind a movement to do away with capital punishment because of cost. And in Utah, a Republican lawmaker recently asked for a fiscal review of how much is being spent on capital cases. “I don’t have any illusion that either the Utah legislature or the people are ready to overturn the death penalty,” said State Rep. Stephen Handy, who called for the study. “But I want to start the dialogue.” * Death Penalty * previousAppeals Court to Consider Benefits of Medical Marijuana * nextMarijuana Dispensary’s Chapter 11 Case Burns Out Law Blog HOME PAGE Big changes are coming to WSJ.com. They will affect commenting, profiles, connections and email notifications. Learn more. Add a Comment Error message Name ____________________ We welcome thoughtful comments from readers. Please comply with our guidelines. Our blogs do not require the use of your real name. Comment ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ CLEAR POST Comments (5 of 8) View all Comments » * + o 7:01 pm October 9, 2012 o Martha77 wrote: Enforce the penalty quickly. One appeal and done. This will cut costs significantly. * + o 11:00 am October 9, 2012 o mt45 wrote: In states with no death penalty, have these costs just shifted to life sentence prosecutions? Or are murder defendants just happy to plead guilty and forgo appeals in those states? * + o 9:41 pm October 8, 2012 o Justice Delayed is Justice Denied wrote: One reason that capital punishment may not deter right now is the incredibly log time to carrying out the sentence. No one wants to see innocent people executed, but by the same token many people are maimed or murdered as a result of not using capital punishment in a timely manner. A better way to control cost is to fast tract appeals and impose strict time limits for the appeals process, say five years. * + o 8:04 pm October 8, 2012 o Alexander Hamilton wrote: True, Harvard Law 72, very true. * + o 7:15 pm October 8, 2012 o Harvard Law '72 wrote: Death penalty opponents file appeal after appeal and do everything they can to thwart the law, then have the chutzpah to argue either that the delay in carrying out the sentence is cruel and unusual punishment and hence unconstitutional or the process is too expensive. They cause the problems then whine about them. Feh. * previousAppeals Court to Consider Benefits of Medical Marijuana * nextMarijuana Dispensary’s Chapter 11 Case Burns Out Search Law Blog1 Search Law Blog_______________ GO About Law Blog * * RSS * The Law Blog covers the legal arena’s hot cases, emerging trends and big personalities. It’s brought to you by lead writer Jacob Gershman with contributions from across The Wall Street Journal’s staff. Jacob comes here after more than half a decade covering the bare-knuckle politics of New York State. His inside-the-room reporting left him steeped in legal and regulatory issues that continue to grab headlines. Follow @jacobgershman Comment or tip? Write to Jacob.Gershman@wsj.com or lawblog@wsj.com + IFRAME: http://platform.twitter.com/widgets/follow_button.html?screen_ name=wsjlawblog&show_count=false&show_screen_name=false Law Blog on Twitter + Law Blog on Facebook Must Reads * previous * pause * next * [DE-AZ599_window_A_20131127093225.jpg] Can Software Be Patented? Supreme Court to Decide The U.S. Supreme Court will attempt to answer a question that has perplexed the technology industry for decades: When is a piece of software patentable? * [BN-AR567_120613_A_20131206102817.jpg] On the Integrity and Secrecy of Judges A new report on judicial financial disclosure gives high marks to California but says most other states are falling short on transparency. * [BN-AR188_lsat_A_20131205152259.jpg] Should Law School Applicants Have to Take the LSAT? The censure this week of Rutgers School of Law at Camden has put a spotlight on the dreaded LSAT – the rite of passage for anyone who wants to attend law school. * [BF-AG348_JPMMAD_A_20131206164336.jpg] A Hedcut Above? Bernie Madoff Didn't Think So The Wall Street Journal's iconic "ink-dot portraits" -- also known as "hedcuts" -- made a surprising -- and lighthearted -- cameo on Wednesday during the criminal trial of five former Bernard L. 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