These four States alone hold 991 people on death row, and since 1976, have administered 448 executions.
In 2005, 23 people were executed in these
four southern states, over 1/3 of the executions in the U.S. The United States ranked forth in the world for the number of executions, behind only China, Iran, and Saudi Arabia and well
above the fifth ranked Pakistan who executed only eight more people than the four States listed above. 36
Murder Rate, Convictions, and Arbitrary Death Sentences: (Page 50)
In 2004, an estimated 16,137 people were murdered in the United States. 37 Approximately 43%
of these murders occurred in the southern region of the U.S. 38 That year only 125 death sentences were handed out for murders and only seven were handed
out in Louisiana. 39
Youth and Mentally Challenged: (Page 50)
Fortunately, in 2005 it was ruled that children
are no longer executed in the United States and in 2002 the Supreme Court ruled that it was unconstitutional to execute those who are mentally retarded.
Law of Parties: (Page 52)
See reference above.
Catholic Church Stance on the Death Penalty: (Page 54)
Archbishop Alfred C. Hughes, the
current Archbishop of New Orleans, stated in an address given November, 2005 that in this day and age when there is an alternative of life imprisonment without the possibility of parole, the
death penalty should not be used. He further states “since the death penalty is often meeted out unevenly and secondly, so many mistakes are being made, that it is more respectful of even a
morally heinous life to respect it and provide an opportunity for us to be consistent in our respect for human life.” 40 This opinion is shared by Catholic
Bishops around the world, although not many fight for the lives of those under the sentence of death. Pope John Paul II fought against the death penalty and, in fact, made personal requests
for clemency for inmates on various occasions.
Currently, 37 of the 38 States that have the death penalty also have Life Without Parole sentences (New Mexico does not). Of
the 12 States that do not have the death penalty 11 of them have Life Without Parole sentences (Alaska is the only one that does not).
Murder Rates in States with/without the Death Penalty: (Page 110)
As the number of death sentences and executions in the United States per year declines, so too does the murder rate. The
highest crime rate in the U.S. is in the southern region which also boasts the highest number of executions – nearly 80% of all executions in the U.S. 41 In
2004, of the States that do not use the death penalty, only Alaska and Michigan had average murder rates, the rest had significantly lower rates. The highest murder rates were in
Louisiana (by far the highest at 12.7 per 100,000 people), Maryland, and New Mexico, all of them use the death penalty. 42
Public Perception of Deterrence: (Page 110)
:
According to the latest Gallup Poll, most Americans do not believe that the death penalty acts as a deterrent to murder. Sixty two
percent believe it is not a deterrent and only 35% believe it is a deterrent. 43 When asked if they could chose between the death penalty and life without
the possibility of parole only 50% of those surveyed said they would favor the death penalty and 46% indicated they’d prefer life without parole.
Alarmingly, of the people
who believed that the death penalty was not a deterrent, 65% still supported the death penalty.
Worldwide Juvenile Executions: (Page 113)
Thanks to the United Nations Convention on the Rights of the Child (note: the United States is one of only three countries who are not parties to this convention 44)
most countries will not execute children. The United States ended the juvenile death penalty in 2005. However, there are still a few countries that continue to execute children including
China, the Democratic Republic of Congo, Iran, Pakistan, Yemen, Nigeria, and Saudi Arabia. Sixteen children in these countries were reported executed since 1990, mostly in Iran. A whopping
19 juveniles were executed in the United States alone during that same time. 45
NATO Countries and Executions: (Page 113)
There are 26 countries that make up the North Atlantic Treaty Organization (NATO). Of these countries the United States is still the only country that has retained capital
punishment.
United States Population that Favors the Death Penalty: (Page 116)
According to a recent Gallop Poll, 71% of the United States public
supports the death penalty when only 26% oppose it.
As stated above, however, when given the option of a sentence of life without the possibility of parole only 50% of the
respondents declared they would prefer the death penalty.
Marshall Hypothesis: (Page 117)
The Marshall Hypothesis states that support of the death
penalty would drop if the public were made more aware of the facts and processes surrounding the implementation of the death penalty. This hypothesis is still studied and supported in the
United States today.
Pilgrimage for Life: (Page 126)
It appears that there is no longer a Louisiana Coalition to Abolish the Death Penalty, but
Sister Helen Prejean founded the Moratorium Campaign which is a national coalition calling for a moratorium on executions in the United States. There are many similar organizations around
the U.S.
Cause of Deaths in the U.S. (Page 128)
Assaults and homicide were deemed the 13th highest cause of death in the United States
in 2001 46 which rose that year from its previous ranking of 14th highest because of the deaths resulting from the September 11, 2001 terrorist
attacks. This is still well below the rate of accidental deaths like motor vehicle accidents and drowning and even suicides. Still the media shapes the public’s perception of the level of
danger by emphasizing homicide as a cause of death over those more prevalent causes.
Costs of Capital Trials: (Page 129)
The cost of conducting a
capital trial is staggering when compared to those of a non-capital case. Here are some examples given by the Death Penalty Information Center 47:
- New Jersey: cost tax payers over $253 million since 1993 over and above the cost of non-capital cases (i.e. life without parole option). Further, out of the 197 capital cases tried,
60 death sentences were given, and 50 of those death sentences were later overturned.
- Tennessee: death penalty cases cost about 48% more than non-capital cases.
- Kansas: death penalty cases cost about 70% more than non-death penalty cases. On average the trial costs were $508,000 compared to $32,000.
- Indiana: death penalty cases cost 38% more than non-death penalty cases and an average of 20% are overturned and sentenced to life.
- North Carolina: spends on average $2.16 million more on a death penalty case than on a non-death penalty case.
- Florida: spends about $51 million a year on death penalty cases. They estimate the cost in Florida to be about $24 million per execution (considering the low number of
actual executions compared to the number of capital trials).
- California: spends $90 million more annually than they would if all first-degree murders resulted in a life without parole sentence. $78 million of that cost is incurred at
the trial level.
- Texas: capital trials cost about three times the amount of imprisoning someone for life at the highest possible level of incarceration.
- Nationwide: it is estimated that over $1.6 billion is spent annually over and above the cost that would be incurred without capital punishment.
Life Without Parole: (Page 142-143)
The following is a brief description of the state of life sentences in the U.S. Correctional System according
to the Sentencing Project: 48
- One of every 11 prisoners are serving a life sentence;
- One in 4 of those prisoners are serving life without the possibility of parole;
- The number of lifers in prison increased 83% between 1992 and 2003;
- The average life sentence is 29 years;
- In six States, including Louisiana, a life sentence is automatically given without the possibility of parole;
As mentioned above, according to the Death Penalty Information Center, only two States do not have the option of life without parole.
Execution of Innocents: (Page 218-219)
In February, 2006 the 123rd person was released from death row in the United States because of evidence of his innocence.
It is estimated that at least 20 cases that resulted in execution had overwhelming evidence of the defendant’s innocence. 49 As cases are
deemed closed once the sentence of death has been carried out this figure may be much higher but there is currently no evidence to support a factual statistic in that regard.
The Death Penalty and the Murder Rate in Texas: (Page 233)
Texas carries out more death sentences than any other State in the U.S. According to the
Death Penalty Information Center the murder rate in Texas is about 6.1 per 100,000 residents. There are currently 409 people on Texas’ death row and Texas has averaged 23 executions per year
over the last five years. 50 Fortunately, the rate of executions in Texas has steadily dropped over the last five years from 33 in 2002 to only 19 in
2005. It is interesting to note that according to the National Center for Policy Analysis the Texas murder rate is now the lowest it has been since 1966. While this is a positive
progression, the murder rate in Texas is still above the national average.
The Death Penalty and the Murder Rate in New York: (Page 233)
New
York’s murder rate has dropped by 76.1% since 1990. 51 It is said this is likely due to a rise in the number of police officers on the NYPD in the 1990s
(approximately 42% increase). 52 There are currently 39,110 officers in the NYPD.
Simply, the average of the murder rates in death penalty
states are much higher (5.9 per 100,000 people) than the rates of those in non-death penalty states (2.9 per 100,000). 53 However, if the statistics were to
truly show the relation between the death penalty states and murder rates they would take into account the fact that the states that have the death penalty but use it seldom if ever (e.g.
New Hampshire, South Dakota, Utah, Wyoming, etc.) have very low murder rates which might effect the above statistic.
The Death Penalty and the Murder Rate in Louisiana: (Page 233)
As previously mentioned, the murder rate in Louisiana is by far the highest in the country. New Orleans Police Department (NOPD) indicates that its Public
Housing COPS Unit reports in the one year prior to Hurricane Katrina the crime rate increased 257.84%. Although the number of police officers in the NOPD is not currently published (likely
because of the displacement of officers post-Katrina) Fox News estimates this number to be around 1,000 where Human Rights Watch claims there are around 1,400 NOPD officers.
54
1 Income, Poverty and Health Insurance Coverage in the United States: 2004, Issued August, 2005. U.S. Department of Commerce, Economics and Statistics Administration,
U.S. Census Bureau http://www.census.gov/prod/2005pubs/p60-229.pdf accessed April 10, 2006 [back]
2 Louisiana State University – Louisiana Population Data Center report, April 2005
http://www.lapop.lsu.edu/LPDC_Reports_3_Pop_of_LA.pdf accessed April 28, 2006. [back]
3 U.S. Census Bureau, Current Population Survey, 2003 to 2005 Annual Social and Economic Supplements. [back]
4 U.S. Census Bureau State and County QuickFacts – Louisiana
http://quickfacts.census.gov/qfd/states/22000.html accessed April 10, 2006. [back]
5 Louisiana Department of Social Services
http://www.dss.state.la.us/Documents/OFS/fy0405_FS_SFY_Totals.pdf accessed April 28, 2006. [back]
6 U.S. Census Bureau, Key Indicators of Child Well-Being, 2004
http://www.prb.org/Template.cfm?Section=PRB&template=/ContentManagement/ContentDisplay.cfm&ContentID=13074 accessed April 28, 2006. [back]
7 U.S. Census Bureau, Violent Crime http://www.census.gov/statab/ranks/rank21.html
accessed April 28, 2006. [back]
8 New Orleans Crime Statistics,
http://www.cityrating.com/citycrime.asp?city=New+Orleans&state=LA accessed April 28, 2006. [back]
9 Louisiana Department of Social Services
http://www.dss.state.la.us/departments/ofs/Family_Independence_Temporary_.html accessed April 9, 2006. [back]
10 Gov Benefits.gov
http://www.govbenefits.gov/govbenefits_en.portal?_nfpb=truelocateStateFlow_1_actionOverride=/LocateStateFlow/report locateStateFlow_1bid=1663&locateStateFlow_1_code=LA_pageLabel=gbcc_page_locate_state
accessed April 15, 2006. [back]
11 Louisiana Department of Social Services Head Start Collaboration Project http://www.dss.state.la.us/departments/ofs/Head_Start_Collaboration_Proje.html accessed April 15, 2006. [back]
12 Louisiana Department of Health and Hospitals LaCHIP program
http://www.dhh.state.la.us/offices/?ID=119 accessed April 15, 2006. [back]
13 Louisiana Housing Finance Agency
http://www.lhfa.state.la.us/programs/energy_assistance/low_income_energy.php Accessed April 15, 2006. [back]
14
DHH – Medicaid (Health Services Financing) http://www.dhh.louisiana.gov/offices/?id=92
accessed April 15, 2006. [back]
15 Louisiana Works – Department of Labor http://www.ldol.state.la.us/ accessed April 15, 2006. [back]
16 U.S. Department of Labor, Minimum Wage Laws in the States, March 1, 2006
http://www.dol.gov/esa/minwage/america.htm#Louisiana accessed April 10, 2006. [back]
17 U.S. Department of Labor, Compliance Assistance – Fair Labor Standards Act
http://www.dol.gov/esa/whd/flsa/index.htm accessed April 10, 2006. [back]
18 USA: Race, Rights, and Police Brutality
http://web.amnesty.org/library/index/ENGAMR511471999 accessed April 15, 2006. [back]
19 The Government Performance Project – Congressional Quarterly, Inc. from Governing.com
http://governing.com/gpp/2005/la.htm accessed April 10, 2006. [back]
20 Government Spending and Accountability
http://timburns.us/issues/government-spending.html accessed on April 10, 2006. [back]
21 LSP General information, http://www.corrections.state.la.us/lsp/general.htm [back]
22 Ibid. [back]
23 U.S. Department of Justice – Bureau of Justice Statistics
http://www.ojp.usdoj.gov/bjs/prisons.htm accessed April 10, 2006. [back]
24 U.S. Bureau of Justice Statistics http://www.ojp.usdoj.gov/bjs/data/corpop02.csv
accessed April 10, 2006. [back]
25 U.S. Census Bureau, State and County Quickfacts – Louisiana
http://quickfacts.census.gov/qfd/states/22000.html accessed April 10, 2006. [back]
26 Bureau of Justice Statistics Special Report – State Prison Expenditures 2001 published June, 2004
http://www.ojp.usdoj.gov/bjs/pub/pdf/spe01.pdf accessed April 10, 2006. [back]
27 U.S. Bureau of Justice Statistics Special Report – State Prison Expenditures 2001 published June, 2004
http://www.ojp.usdoj.gov/bjs/pub/pdf/spe01.pdf accessed April 10, 2006. [back]
28 Death Sentence Reversals Cast Doubt on System by Howard Mintz, April 13, 2002 Death Penalty Information Center
http://www.deathpenaltyinfo.org/article.php?scid=17&did=298 [back]
29 Homicide Trends in the U.S. - U.S. Bureau of Justice
http://www.ojp.usdoj.gov/bjs/homicide/race.htm [back]
30 Chris Alexander, Attorney, as quoted in 8 Years in Louisiana Jail But He Never Went to Trial – Laura Parker, USA Today August 28, 2005
http://www.usatoday.com/news/nation/2005-08-29-cover-indigents_x.htm[back]
31 8 Years in Louisiana Jail But He Never Went to Trial – Laura Parker, USA Today August 28, 2005 http://www.usatoday.com/news/nation/2005-08-29-cover-indigents_x.htm [back]
32 Crimes Punishable by the Death Penalty, Death Penalty Information Center. [back]
33 Louisiana Indigent Defense Assistance Board Standards http://www.lidab.com/standards.htm [back]
34 Louisiana Standards on Indigent Defense, Chapter 7, Standards Relating to the Provision of Counsel to Indigents Accused of Capital Crimes
http://www.lidab.com/Acrobat%20files/Capital%20Certification%20Rules.PDF [back]
35 ABA Study Faults Inadequate Legal Defense Across the Country, Associated Press February, 2005 from the Death Penalty Information Center. [back]
36 Executions Around the World, The Death Penalty Information Center http://www.deathpenaltyinfo.org/article.php?did=127&scid=30#interexec [back]
37 Department of Justice F.B.I. Crime in the United States 2004 http://www.fbi.gov/ucr/cius_04/offenses_reported/violent_crime/murder.html [back]
38 Ibid. [back]
39 Death Sentences Decline in 2004, Death Penalty Information Center. [back]
40 Diocesan News Briefing, November 23, 2005 from the Archdiocese of New Orleans – Department of Internet Services http://www.arch-no.org/index.php?name=News&file=article&sid=294 [back]
41 Deterrence News and Developments, Death Penalty Information Center. [back]
42 Nationwide Murder Rates, Death Penalty Information Center. [back]
43 Gallup Poll: Public Divided Between Death Penalty and Life Imprisonment Without Parole by David Moore, June, 2004, Death Penalty Information Center
http://www.deathpenaltyinfo.org/article.php?scid=23&did=1029[back]
44 Committee on the Rights of the Child, Amnesty International http://web.amnesty.org/pages/treaty-crc-eng [back]
45 Execution of Juveniles in the U.S. and Other Countries, Death Penalty Information Center
http://www.deathpenaltyinfo.org/article.php?scid=27&did=203#execsworld [back]
46 National Vital Statistics Report, Deaths: Final Data for 2001. [back]
47 Financial Facts About the Death Penalty, Death Penalty Information Center http://www.deathpenaltyinfo.org/article.php?did=108&scid=7#financial%20facts [back]
48 The Meaning of “Life”: Long Prison Sentences in Context, The Sentencing Project, http://www.sentencingproject.org/pdfs/lifers.pdf [back]
49 National Coalition to Abolish the Death Penalty Fact Sheet: Innocence, http://www.ncadp.org/fact_sheet4.html[back]
50 Executions in the United States, Death Penalty Information Center http://www.deathpenaltyinfo.org/article.php?did=414&scid=8[back]
51 Police Department – City of New York Historical Perspective http://www.nyc.gov/html/nypd/pdf/chfdept/cscity.pdf[back]
52 NYPD FAQ’s http://www.nyc.gov/html/nypd/html/misc/pdfaq2.html#41[back]
53 Nationwide Murder Rates, Death Penalty Information Center http://www.deathpenaltyinfo.org/article.php?scid=12&did=169 [back]
54 Shielded from Justice: Police Brutality and Accountability in the U.S., Human Rights Watch http://www.hrw.org/reports98/police/uspo92.htm [back]