Community Columnist: Death penalty comes down to dollars, cents

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BY JIM DAVIDSAVER

As a career law enforcement officer, I considered myself an interested spectator as the Legislature debated the bill, LB476, sponsored by Sen. Ernie Chambers, that would have replaced the state’s death penalty with mandatory life imprisonment without parol and allowed the victim’s family to seek restitution.

I do not, however, think my job is directly affected by whether or not Nebraska has a death penalty. Either way, I always can fall back on the age old police cliché, “I don’t make the laws. I just enforce them.”

In general, I do not think the average Nebraskan spends much time thinking about the death penalty. I spend more time worrying about the price of a gallon of gas or wondering whether my DVR will work properly than contemplating Nebraska’s stand on capital punishment.

The topic resurfaces every time there is a sensational, violent crime where the death penalty is a possibility. Fortunately, those cases in Nebraska are few and far between. During my career, which includes 10+ years as a certified crime scene technician, I have experienced countless violent crime scenes where the perpetrators inflicted horrific injury, pain and suffering on their victims. Of the accused murderers my fellow officers and I have brought to justice, I do not believe any of them was deterred in the least by Nebraska’s death penalty.

The whole death penalty issue is crowded with philosophical debates, ethical dilemmas, religious discussions and emotional pleas. Death penalty opponents often cite that executions, especially those carried out by electrocution, constitute cruel and unusual punishment. Of the 38 states currently with a death penalty, Nebraska is the only one with the electric chair as its sole means of execution. In the cruel and unusual punishment argument, this point is often brought to bear as a prime reason why Nebraska should repeal its death penalty.  

A discussion of the death penalty should include an overview of the court system. This system — with its prosecutors, defense attorneys, judges and juries — is responsible for determining an accused’s guilt or innocence. By design and application, the current system is a model of inefficiency.

In no way is this a condemnation of the process. A blindfolded Lady Liberty holding the scales of justice is a fitting symbol of our system. With the basic unalienable foundation that not only is an individual innocent until proven guilty but an individual’s guilt must be proven beyond a reasonable doubt, it is often a time-consuming, expensive process to secure a conviction. The average citizen may not understand the strict, complex, often redundant procedural rules of the courts, but the saying, “It is better to let 99 guilty people go free rather than one innocent person go to prison,” characterizes the system’s integrity and inherent “inefficiency”. 

One facet of the issue that is rarely mentioned is the economic cost of capital punishment. Many who oppose the death penalty are quick to mention the “cost” in abstract sociological terms, referring to the negative impact on society when reverting to “an eye for an eye” retribution and punishment.

I do not know whether it is proper or ethical to base a death penalty discussion on simple economic terms, but this aspect deserves consideration.

With the “ultimate penalty,” death, as the ultimate penalty, capital punishment cases are the most expensive cases by far. The National Coalition to Abolish the Death Penalty estimates the average cost of a single death penalty case, from arrest to execution, ranges from $1 million to $3 million. Other studies have estimated this cost as high as $7 million. This compares to an average of $500,000 for a life imprisonment case, including incarceration. The mandatory fiscal note attached to LB476 shows the attorney’s general office estimates no fiscal impact if the law is adopted. The Department of Correctional Services stated the fiscal impact cannot be determined.

An indigent defendant charged with a serious crime is appointed counsel at the taxpayers’ expense. An indigent defendant facing a possible death sentence is afforded the best, high-priced, top-level legal representation complete with expert witnesses. This explains why death penalty cases are the most expensive. Taxpayers foot the bill to prosecute and defend the accused.

Whether you agree with it or not, it is an absolute requirement to maintain the integrity of the system and ensure justice is served. Removing the death penalty variable from the justice equation should reduce the overall cost. 

I had my own personal, moral, ethical and professional reasons for supporting LB476. But then again, I don’t make the laws. I just enforce them. 

Jim Davidsaver is a 20-year veteran of the Lincoln Police Department.