The Economic Impact of the
Death Penalty on the State of
Nebraska: A Taxpayer Burden?
Produced for: Retain A Just Nebraska
August 15, 2016
Goss & Associates Economic Solutions
600 17th Street, Suite 2800 South
Denver, Colorado 80202-5428
303.226.5882
ernieg@creighton.edu
Ernest Goss, Ph.D., Principal Investigator
Scott Strain, M.S., Senior Research Economist
Jackson Blalock, Research Assistant
Table of Contents
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
The Economic Impact of the Death Penalty
On the State of Nebraska: A Taxpayer Burden?
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .i
Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii
Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Section 1: Death Penalty Costs in the U.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 2: The Death Penalty in Nebraska . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Section 3: The Cost of the Death Penalty Based on State and Local Spending Data . . . . . . . . . . . 19
Section 4: Estimation of the Cost of a Death Penalty Prosecution to the State of Nebraska. . . . 25
Appendix A: Statistical Modeling Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
Appendix B: Meta Regression Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Appendix C: Annotated Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Appendix D: Researchers’ Biographies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Preface
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page i
The Economic Impact of the Death Penalty
On the State of Nebraska: A Taxpayer Burden?
Between 1973 and 2014, there were 1,842 murders in the State of Nebraska. Of these, prosecutors
obtained 281 rst degree murder convictions. Of the convictions, prosecutors sought the death penalty (DP)
in just 119 cases, or approximately 2.9 cases per year, resulting in only 33 death sentences. But of Nebraska’s
33 individuals sentenced to death, Nebraska courts reduced 13 sentences, six individuals died in prison, one
individual’s sentence was vacated, three were executed, and attorneys are currently appealing 10 sentences.
Thus, for the 41 year period only 1.1 percent of murder convictions resulted in an execution.
1
Based partly on the ineffectiveness of the state’s DP law, the Nebraska Legislature repealed the use of
the DP in 2015. The goal of this study is to examine the cost to the Nebraska taxpayer of reintroducing the DP
compared to the cost of the sentence of life without parole (LWOP).
The Goss & Associates research team thanks the staff of Retain A Just Nebraska for their assistance
in facilitating the completion of this study. However, any conclusions, ndings, errors or misstatements
contained in this study are solely the responsibility of Goss & Associates, Economic Solutions, LLC.
2
1
FBI Uniform Crime report; Criminal homicide reports led with the Nebraska Supreme Court; Nebraska Commission on Public
Advocacy Study of Nebraska Capital Cases - 2007 & Equal Justice and the DP: A Legal and Empirical Analysis. By the Numbers, 2007;
Nebraska Commission on Public Advocacy.
2
This study was completed independent of Creighton University. As such, Creighton University bears no responsibility for ndings or
statements by Ernie Goss, or Goss & Associates, Economic Solutions.
A Veteran-Owned Firm
Ernest Goss, Ph.D., Principal Investigator
Professor of Economics & MacAllister Chair, Creighton University
Goss & Associates Economic Solutions
600 17th Street, Suite 2800
South Denver, Colorado 80202-5428
Phone: 402.280.4757
ernieg@creighton.edu
www.outlook-economic.com
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page ii
Glossary
3
3
Peterson, Douglas J., Attorney General Letter to Senator Colby Coash, Nebraska Legislature. 5 May 2015. Accessed June 1, 2016 at
https://ago.nebraska.gov/_resources/dyn/les/1482096zd18f980d/_fn/AG+Opinion+15-006.pdf
Term Denition
Capital case A criminal case where prosecution seeks the DP because the state charges that the
defendant committed aggravated murder, that is, it involved “special circumstances”
that may be specic to the state in which the case is being tried. The case involves two
phases: the guilt phase and the penalty phase.
Commuted
sentence
Legal reduction of a sentence while maintaining the conviction. The commutation may
be applied with specic restrictions.
Corrections Connement and correction of adults and minors convicted of offenses against the law,
pardon, probation, and parole activities.
DP states States that maintain use of the death penalty in the penalty phase of a capital case.
Habeas corpus A stage of the appeals process that allows death row inmates to raise issues outside
the trial record and determine whether or not the individual has been imprisoned legally
or whether they should be released from custody.
In-kind costs, or
opportunity costs
Re-allocation of resources to a capital case that would otherwise be available for other
cases or services within the legal system. Examples include the time spent by justices,
law clerks, attorneys, and administrative staff.
Judicial & legal Includes all court and court-related activities (except probation and parole activities
which are included in the “Correction” function), court activities of sheriff's ofces,
prosecuting attorneys' and public defender's ofces, legal departments, and attorneys
providing government-wide legal service.
Justice costs Includes costs for corrections, judicial and legal activities. Does not include
police costs.
LWOP Life without the possibility of parole. In Nebraska, a sentence of “Life” equals a sentence
of LWOP.
NDP states States without the death penalty.
Post-conviction
costs
Costs include those for direct appeal and appeal processes such as state-paid attorneys
and include legal proceedings such as writs, motions, petitions, and briefs that are
required as part of the appeal process.
Special
circumstances
Factors that prosecutors consider when determining whether to seek the DP. Each DP
state has its own specic list of factors that make an individual eligible for the DP.
Vacated sentence A previous legal judgment that has been legally declared void.
Writ of certiorari To appeal to the Supreme Court one applies to the Court for a writ of certiorari. In this
process, the lower court sends the higher court all case documents so the higher court
may review the lower court’s decision. It is used by the U.S. Supreme Court to select the
cases it will hear on appeal, which is granted only when at least three members believe
that the case involves a sufciently signicant federal question in the public interest. If
the writ is denied, the Supreme Court allows the lower court decision to stand.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?:
Page 1
Executive Summary
This study concluded that Nebraska’s maintenance of the death penalty cost the state, in 2015 dollars,
approximately $14.6 million annually
4
, and each additional death penalty arraignment costs the state almost
$1.5 million, also in 2015 dollars.
I. Cost of the Death Penalty (DP): evidence from previous
research:
• Factors adding to the costs of maintaining the DP:
o Defense costs - In a North Carolina study, DP defense costs per case were found to exceed that
of non-DP cases by almost $50,000. A study using data collected from Nevada defense attorneys
estimated that between $170,000 and $212,000 per case was spent for the defense of a DP case
above that of a life without parole (LWOP) murder case.
o Pre-trial costs including jury selection - a Colorado study concluded that on average, a DP
prosecution that goes to trial required in excess of six times more court days than a comparable
LWOP prosecution.
o Court days and court costs - In a 2012 study of the costs of capital punishment in California, it was
determined that on average, DP cases involved 120 more court days than non-capital cases at a
rate of $3,589 per court day for an additional cost of $430,680 per case.
o Prison costs - California estimated that it costs an additional $90,000 per year to house a death row
inmate.
o Appeals costs - In a California study it was concluded that due to appeals the average time from
conviction to the ling of a federal habeas corpus had risen to nearly ve years from 1.5 years in
1979.
• Estimated average cost for DP prosecution compared to LWOP prosecution:
o California, 1978-2011, DP cases cost an additional $121.2 million per year.
o Florida, 2000, DP cases cost an additional $51.0 million above that for LWOP prosecutions annually.
o Maryland, 2008, successful prosecution of one DP case was $2.2 million above that for a LWOP
prosecution.
o Texas, 1992, A DP case cost an average of $2.3 million, or about three times the cost of imprisoning
an inmate in a single cell at the highest security level for 40 years, or LWOP.
4
2013 costs of $14.1 million were indexed for inflation using the Consumer Price Index (CPI) for legal services.
The Economic Impact of the Death Penalty
On the State of Nebraska: A Taxpayer Burden?
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 2
Executive Summary
II. Estimated average prosecution cost for the death penalty
compared to life without parole:
• Based on the most recent U.S. Census data for the U.S., Goss & Associates concludes that:
o As a percentage of overall state and local budgets, DP states spent 3.54 percent on justice,
5
while
NDP states spent a much lower 2.93 percent on justice.
- Nine of the top 10 spending states were DP states.
o Per $1,000 of gross domestic product (GDP), DP states spent $6.70 on justice, while NDP states
spent a much lower $6.46 on justice.
- Seven of 10 top spending states were DP states.
o Controlling for other state characteristics using multivariate statistical analysis, it is estimated that:
- The average savings for the sentencing option of LWOP compared to the DP across all 50 states
and the District of Columbia for 2012 and 2013 were $0.145 per $1,000 of state gross domestic
product.
- Thus for the two-year period, 2012 and 2013, the average U.S. state with the DP would have saved
$46,474,823 had the state eliminated the DP and replaced with LWOP. Alternatively, the average
U.S. state with LWOP as the sentencing option would have spent an additional $46.5 million for the
two-year period had the state adopted the DP.
III. The Nebraska experience:
• Between 1973 and 2014, there were 1,842 murders in the State of Nebraska.
o Of these, prosecutors obtained 281 rst degree murder convictions.
- Of these, prosecutors sought the DP in only 119 cases, or approximately
2.9 cases per year, resulting in only 33 death sentences.
- Of Nebraska’s 33 individuals sentenced to death.
• Nebraska courts commuted 13 sentences.
• Six individuals died in prison.
• One individual’s sentence was vacated.
• Three individuals were executed.
• Attorneys are currently appealing 10 sentences.
5
Throughout this study justice spending refers to state and local spending on corrections, and judicial/legal activities. At the time of
this study, 2013 census data were the latest available.
For 2012 and 2013, the average U.S. state with the DP would have
saved $46.5 million had the state eliminated the DP and replaced
with LWOP.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 3
• Based on the most recent U.S. Census data, Nebraska’s savings for abolishing the DP were:
o In 2013, Nebraska spent $532.8 million on justice activities. It is estimated that Nebraska would have
spent $518.7 million for justice activities with LWOP prosecution for capital cases for a savings of
$14.1 million, or $14.6 million in 2015 dollars.
o Based on other studies examining the cost of a DP prosecution versus a LWOP prosecution:
• Each DP prosecution cost the Nebraska taxpayer almost $1.5 million above and beyond the cost
of an LWOP prosecution.
- $740.1 thousand of post-conviction costs over the life of the prisoner.
- $619.4 thousand of maximum security costs over the life of the prisoner.
- $134.0 thousand of in-kind payments, or opportunity costs, over the life of the prisoner.
• Plea bargaining combined with use of the DP can increase the cost to the taxpayer.
Each DP prosecution cost the Nebraska taxpayer almost $1.5
million above and beyond the cost of LWOP.
Executive Summary
A prime Nebraska example of how plea
bargaining can increase wrongful prosecutions
and boost costs is that of the “Beatrice Six.” The
state won convictions of six individuals based
were obtained under threats that the six would be
given the death penalty if they did not admit guilt.
In 2008 DNA evidence exonerated all six and in
July 2016, a federal jury awarded the wrongfully
convicted $28.1 million in damages.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
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Executive Summary
Source: Goss & Associates adapted from Nebraska Commission on Public Advocacy study of Nebraska Capital
Cases.
*No additional executions have taken place in Nebraska since 2014.
Figure EX.1: A snapshot of 41 years of executions in Nebraska, 1973-2014
*
Page 5
Section 1 - Death Penalty Costs in the U.S.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Costs Associated with the Death
Penalty (DP)
Studies have identied ve major factors
driving the cost of the DP over and above the cost of
the sentence of life without parole (LWOP).
1. Defense costs. Studies have found that
a capital case is especially costly because of the
special due-process protections, the guarantee of
defense attorneys before and throughout the trial
and appeal process, pretrial motions specic to
capital cases, and the extended length of time for
jury selection.
In North Carolina and other states,
including Nebraska, defendants in DP trials must
be represented by two attorneys. Since most
defendants are unable to pay for their defense,
states generally appoint and fund both attorneys,
pay travel expenses, and provide fees for expert
witnesses and psychiatric testing.
6
It was estimated that the defense costs for
a capital trial in North Carolina were approximately
$116,400, while a similar case with a non-capital
trial cost $67,800.
7
In California, the state’s defense
costs per capital case often exceed $1 million.
Adjusted for inflation, one case reached $4.87
million in 2011 dollars.
8
In 2014, the Kansas Judicial Council
concluded that defense costs for DP trials in Kansas
averaged about $400,000 per case, compared to
$100,000 per case when the DP was not sought.
9
6
Cook, Philip J. (2009). Potential Savings from Abolition of the
DP in North Carolina. American Law and Economics Review
(2009) 11 (2), 498-529. Accessed May 2016; http://www.
deathpenaltyinfo.org/documents/CookCostRpt.pdf.
7
Ibid.
8
Alarcón, Arthur L., Mitchell, Paula M. (2011), Executing the
Will of the Voters?: A Roadmap to Mend or End the California
Legislature’s Multi-Million Dollar DP Debacle. Loyola of Los
Angeles Law Review, 44, S41-S223. Accessed at http://www.
deathpenaltyinfo.org/documents/LoyolaCalifCosts.pdf.
9
Kansas Judicial Council. DP Advisory Committee. Report of the
Judicial Council DP Advisory Committee (2014). Accessed at
http://www.deathpenaltyinfo.org/documents/KSCost2014.pdf.
A study using data collected from Clark
County, Nevada, defense attorneys estimated that
between $170,000 and $212,000 per case was spent
for the defense of a capital murder case beyond the
costs that would have been incurred if the case had
been prosecuted as a non-capital murder.
10
2. Pretrial/jury selection/trial/sentencing.
In addition to pretrial motions specic to capital
cases, which add the time and expense of appointed
counsel, a Colorado study found that on average, a
DP prosecution that goes to trial requires in excess
of six times more court days than a comparable
LWOP prosecution. The extra time is generally due
to jury selection-an average of 26 days-as well as
capital sentencing which takes approximately 21
days. In contrast, an LWOP sentencing generally
takes only hours in some cases.
11
North Carolina juries in a capital case must
be screened to ensure they are open to imposing
the DP. If they deliver a conviction of rst-degree
murder, the jury is retained for the sentencing
phase to hear evidence regarding aggravating and
mitigating circumstances. The sentencing phase,
as a result, can take weeks longer for a DP case,
resulting in additional payments to jurors.
12
10
Miethe, Terance D. (2012). Estimates of Time Spent in Capital
and Non-Capital Murder Cases: A Statistical Analysis of Survey
Data from Clark County (Nevada) Defense Attorneys. University
of Denver Criminal Law Review, 3, 145-163. Accessed at http://
aclunv.org/les/clarkcostexec.pdf.
11
Marceau, Justin F., Whitson, Hollis A. (2013). The Cost of
Colorado’s DP.
12
Cook, Philip J. (2009). Potential Savings from Abolition of the
DP in North Carolina.
It was estimated that the
defense costs for a capital
trial in North Carolina were
approximately $116,400, while
trial cost $67,800.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 6
SECTION 1 - DEATH PENALTY COSTS IN THE U.S.
Given the required additional defense
motions, and the automatic appeal process which
can span decades, court costs for DP sentences are
signicantly higher than those where the DP is not a
factor.
4. Incarceration/prison system costs.
It costs signicantly more to house death-row
inmates than other prisoners since, unlike other
prisoners, death-row inmates are housed in single
cells; thus more physical space is required to house
them.
In addition, state prison ofcials must
provide extra security for supervising and escorting
death-row inmates to medical care as well as to
other meetings and religious services.
Furthermore, most death-row inmates
require more legal mail processing and records-
management due to the ongoing and lengthy nature
of the legal process.
Furthermore, the post-conviction phase for
capital cases is very different from that of non-
capital cases. State supreme courts become involved
in the review of all DP cases. Many other post-
conviction proceedings are required for capital cases
that are not required for non-capital cases, involving
petitions, appeals, and court determinations.
3. Court days and court costs. While the costs
of court days vary by state, cases seeking the DP
require signicantly more time to adjudicate than
those for which the DP is not an option.
In the Nevada study, the number of days
between initial ling and sentencing of the DP was
1,107 days, while the number of days between ling
and sentencing for LWOP was 887 days.
13
In an analysis of the cost of Colorado’s DP,
it was found that on average, a death prosecution/
jury trial case requires a total of 148 court days,
not including post-conviction proceedings or
appeals.
14
In a 2012 study of the costs of capital
punishment in California, it was found that on
average, DP cases involve 120 more court days than
non-capital cases at a rate of $3,589 per court day,
for an average of $430,680 in additional costs per
case.
15
These costs include ling fees, charges for
serving subpoenas and summons, court reporter
charges for depositions and court transcripts, and
costs for reproduction of papers and exhibits.
In the 2014 Report of the Death Penalty
Advisory Committee for Kansas, average district court
costs per trial from 2004 to 2011 when the DP was
sought were $72,530, compared to $21,554 when the
DP was not an option.
16
13
Miethe, Terance D. (2012). Estimates of Time Spent in Capital
and Non-Capital Murder Cases: A Statistical Analysis of Survey
Data from Clark County (Nevada) Defense Attorneys.
14
Marceau, Justin F., Whitson, Hollis A. (2013). The Cost of
Colorado’s DP.
15
Arthur L. Alarcón and Paula M. Mitchell, Costs of Capital
Punishment in California: Will Voters Choose Reform this
November?, 46 Loy. L.A. L. Rev. S1 (2012). Accessed at http://
digitalcommons.lmu.edu/llr/vol46/iss0/1.
16
Kansas Judicial Council. DP Advisory Committee. Report of
the Judicial Council DP Advisory Committee (2014). Accessed at
http://www.deathpenaltyinfo.org/documents/KSCost2014.pdf
In a 2012 study of the costs of
capital punishment in California,
it was found that on average, DP
cases involved 120 more court
a rate of $3,589 per court day,
for an average of $430,680 in
additional costs per case.
In the 2014 Report of the Death
Penalty Advisory Committee for
Kansas, average district court
costs per trial from 2004 to 2011
when the DP was sought were
$72,530, compared to $21,554
when the DP was not an option.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 7
SECTION 1 - DEATH PENALTY COSTS IN THE U.S.
In Kansas, actual execution costs are
signicant, and site security costs, while already
high, balloon over time. In a 2005 article, the Los
Angeles Times cited the case of an individual who
was incarcerated on death row for 21 years.
17
California estimated that death row housing costs
an additional $90,000 per year, per inmate
18
A national organization for relatives of
murder victims cites that cases involving the DP
often take 25 years or more to resolve. In addition,
it has been found that prisoners often die in prison
with their appeals still pending.
19
Of Nebraska’s 33
individuals sentenced to death from 1973 to 2014,
six died in prison.
A New Jersey study found that housing each
death row inmate at New Jersey State Prison in
Trenton, prior to the state’s abolishment of the DP,
costs approximately $58,526, while it costs $34,805
per general population inmate.
20
Of California’s 117 death row inmates who
have died since 1976, only 13 were executed,
prompting Governor Jerry Brown to request more
than $3 million from the Legislature to build
additional cells for California’s burgeoning death
row population.
21
17
Death Row Often Means a Long Life; California condemns
many murders, but few are ever executed, March 2005. http:/
deathpenaltyinfo.org/latimesarticle.pdf
18
Alarcon, Arthur L., and Paula M. Mitchell. “Executing the
Will of the Voters: A Roadmap to Mend or End the California
Legislature’s Multi-Billion-Dollar DP Debacle.”
19
Marceau, Justin F., Whitson, Hollis A. (2013). The Cost of
Colorado’s DP.
20
Forsberg, Mary E., New Jersey Policy Perspective, Money
for Nothing? The Financial Cost of New Jersey’s DP (2005).
Accessed at http://sentencing.nj.gov/downloads/pdf/articles/
death3.pdf.
21
Krisai, Lauren. “Pull the plug on DP in California,” The Orange
County Register, Feb. 8, 2016. Accessed at http://www.
ocregister.com/articles/death-702997-california-penalty.html.
In terms of site security and death row
inmate housing, Nebraska currently has 10 inmates
on death row, and has not executed a prisoner since
1997.
5. Appeals costs. A capital case typically
triggers a protracted and extensive appeal process.
After pretrial motions such as a request for
dismissal based on the validity of a confession or
key witnesses, and after the subsequent trial and
conviction, the appeals process is set into motion.
Unlike a case that does not involve the DP,
individuals sentenced to death most often require
an automatic, non-waivable direct appeal to the
state’s supreme court involving one, and most often
two, appellate lawyers, usually provided by the state.
In addition, the state’s ofce of the attorney general
les a brief in opposition to the petition at further
expense to the state.
If the conviction or sentence is reversed,
the case may return to trial court. If the petition is
not successful, the defense may ask for a habeas
corpus review, which is rarely granted. If the petition
is successful and returns the case back to trial, a
subsequent conviction will trigger another appeals
process.
California estimated that death
row housing costs an additional
$90,000 per year, per inmate.
Of Nebraska’s 33 individuals
sentenced to death from 1973
to 2014, six died in prison.
One study determined that the
average time from conviction
habeas
corpus
years.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 8
SECTION 1 - DEATH PENALTY COSTS IN THE U.S.
Figure 1.1: The capital punishment appellate cycle
If the state appeals process is unsuccessful
for the defense, it would likely request a habeas
corpus review in federal court to examine whether
constitutional rights have been violated. One study
found that the average time from conviction to the
ling of a federal writ of habeas corpus had risen
from 1.5 years in 1979 to nearly ve years in 1992.
22
If the review is approved, the defense is
given a period of time to prepare. If the review
results in the reversal of the conviction, a new trial,
and thus the entire process, must begin again. And
as stated earlier, prisoners often die in prison with
appeals still pending.
Figure 1.1 provides a flow chart of the
capital punishment appellate cycle, while Figure
1.2 shows the average amount of time spent on a
capital case from conviction to execution for the
state of California.
Because states bear most of the costs of DP
cases, many have undertaken studies to quantify
the expenses incurred by state and local taxpayers.
22
Hanson, Roger, Henry W.K. Daley (1995) Federal Habeas
Corpus Review, Challenging State Court Criminal Convictions.
Accessed at http:// www.bjs.gov/content/pub/pdf/FHCRCSCC.
PDF
One of the more recent investigations into
the costs of capital cases is being led by State
Senator JP Morrell, D-New Orleans, who authored
a resolution for a Capital Punishment Fiscal
Impact Commission in Louisiana.
23
The large majority of research to date has
found that the state’s costs to adjudicate capital
punishment cases are signicantly higher than the
costs of cases when capital punishment is not an
option.
In 2013, Richard Dieter, Executive Director
of the Death Penalty Information Center, testied
before the Judicial Committee of the Nebraska
Legislature. He provided the committee with
estimated costs for various states for the
maintenance of the DP. While he did not provide
an estimate for Nebraska, he did assert that the
costs to Nebraska were signicant.
24
23
Louisiana. Legislature. Senate. Creates the Joint Capital
Punishment Fiscal Impact Commission. SLS 14RS-850, Sen-
ate Concurrent Resolution No. 16, 2014. Accessed May 2016
http://www.legis.la.gov/legis/ViewDocument.aspx?d=881738
24
Dieter, Richard, “Testimony Submitted to the Nebraska
Legislature,” Judiciary Committee Hearings on the
Death Penalty, Lincoln, NE, March 13, 2013. http://www.
deathpenaltyinfo.org/documents/NebraskaTestimony.pdf
accessed on June 8, 2016.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 9
SECTION 1 - DEATH PENALTY COSTS IN THE U.S.
Total Costs
In North Carolina, it was found that for the
period 2005-2006, the state would have saved
nearly $11 million each year had the DP not been an
option.
25
Yearly costs that could have been avoided
included:
26
• Extra defense costs in trial phase $6.6 million.
• Additional payments to jurors $112 thousand.
• Post-conviction costs $3.7 million.
• Resentencing hearings $297 thousand.
• Additional prison system costs $85 thousand.
• Other costs of $1.2 million.
A Seattle University study concluded that
the average cost of a DP prosecution and conviction
was almost $3 million, while an equivalent
prosecution that sought a LWOP cost approximately
$2 million.
27
A Kansas study determined that the median
cost for a DP case was 70 percent more than the
cost when the DP was not sought.
28
25
Cook, Philip J. (2009). Potential Savings from Abolition of the
DP in North Carolina.
26
ibid
27
Boruchowitz, Robert C.; Collins, Peter A.; Hickman, Matthew
J.; and Larranaga, Mark A., “An Analysis of the Economic
Costs of Seeking the DP in Washington State” (2015). Fred T.
Korematsu Center for Law and Equality. Paper 29. Accessed at
http://digitalcommons.law.seattleu.edu/korematsu_center/29
28
A Report to the Legislative Post Audit Committee by the
Legislative Division of Post Audit State of Kansas. Costs
Incurred for DP Cases: A K-GOAL Audit of the Department of
Corrections (2003). Accessed at http://www.kslpa.org/assets/
les/reports/04pa03a.pdf.
An earlier 2011 study examined the
nancial impacts of the DP in California and
found that the existence of the DP from 1978 to
2011 cost the state’s taxpayers $4 billion more
than a system that had LWOP as its most severe
penalty.
29
29
Alarcón, Arthur L., Mitchell, Paula M. (2011), Executing
the Will of the Voters?: A Roadmap to Mend or End the
California Legislature’s Multi-Million Dollar DP Debacle.
Figure 1.2: The average amount of time spent on a capital case from conviction to execution for the State of
California
Source: Wisckol, M., Quick S., Zisk, S., Orange County Register (2012)
1 year
5 years
10 years
15 years
20 years
25 years
Trial
Appointment
of counsel for
direct appeal
Awaiting
decision on
direct
appeal
Awaiting counsel
for state habeas
corpus petition
Awaiting
decision in
state habeas
corpus
petition
Awaiting
decision in
federal
habeas
corpus
petition
Awaiting
decision in
federal
habeas
corpus
petition
In North Carolina, it was found
the state would have saved
nearly $11 million each year
had the DP not been an option.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 10
Table 1.1: Studies examining costs of DP
State Finding Period of time Citation
California DP impact equals $4 billion above LWOP over a
33-year period.
1978-2011 Alarcon and Mitchell
(2012)
Florida Enforcing the DP costs Florida $51 million a year
above what it would have cost to punish all rst-
degree murderers with LWOP.
2000 Palm Beach Post,
January 4, 2000
Kansas Median cost of DP case was 50% above NDP
case.
2004-2011 Kansas Judicial
Council (2014)
Maryland Successful prosecution of a DP case averaged
$3 million.
1978-1999 Urban Institute study
(2008)
North Carolina Found that the DP costs $2.16 million per
execution over the costs of sentencing
murderers to LWOP.
2005-2006 Cook (2011)
Texas A DP case costs an average of $2.3 million,
or about three times the cost of imprisoning
someone in a single cell at the highest security
level for 40 years.
1974-1991 Dallas Morning News,
March 8, 1992
Washington DP prosecution and conviction cost $1
million above that of a LWOP prosecution and
conviction.
1997-2014 Boruchowitz, et. al.
(2015)
Source: Goss & Associates compilation, 2016
SECTION 1 - DEATH PENALTY COSTS IN THE U.S.
Summary
As states struggle to contain costs related to the capital punishment process, the length of the
appeals process, pre-trial costs, and court costs are apt to thwart their efforts. This is especially evident
in California, a state that houses a growing death row population, while facing problems with providing
representation for indigent defendants.
In its 2008 report, the California Commission on the Fair Administration of Justice stated, “To reduce
the average lapse of time from sentence to execution by half,” the report said, “[California] will have to spend
nearly twice what we are spending now.”
30
30
Krisai, Lauren. “Pull the plug on DP in California,” 2016.
Table 1.1 lists studies comparing the cost of prosecuting and/or maintaining the DP compared to LWOP
cost.
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Page 11
Section 2 - The Death Penalty in Nebraska
28
Introduction
Since the responsibility for capital
punishment passed from Nebraska counties to the
state in 1903, 23 individuals have been executed
in the state. Prior to that time, 14 executions
took place under the administration of Nebraska’s
counties.
31
From 1976 to the present, which is
considered the modern era of executions,
32
Nebraska sentenced 33 individuals to death, but
executed only three. Prior to 1976, Nebraska
executed a total of 20 individuals, nearly half of
the 41 sentenced to capital punishment. However,
Nebraska currently has 10 individuals on death row,
and has not executed an inmate since 1997.
Before 1976, prisoners were resident on
death row for an average of only 2.3 years prior to
disposition regardless of their status: execution
(20), commutation (20), or furlough (1). During that
period, no prisoners died while on death row. In
contrast, since 1976, inmates have spent, to date, an
average of 14.5 years on death row, with one current
inmate on death row for the past 36 years.
Since 1976, one sentence was vacated
for death row inmate, Jeremy Sheets, due to the
inadmissibility of his accuser’s statement, and
the sentences of 11 death row prisoners were
commuted. Of those whose sentences were
commuted, six are currently serving LWOP in the
state’s prison system, one was released to Lincoln
Regional Center, having been determined legally
insane by a jury in a second trial, one was released
after serving 13 years and 4 months of his 40-year
commuted sentence, and three died while serving
their commuted sentences.
31
Nebraska Department of Corrections, Inmates Sentenced to
Death Row in Nebraska. Accessed at http://www.corrections.
nebraska.gov/pdf/DRHistory.pdf.
32
http://www.deathpenaltyinfo.org/executions-united-states.
Figure 2.1 details Nebraska’s DP experience
from 1973-2014. As shown, 1,842 murders were
committed in the state, resulting in 281 rst degree
murder convictions. Of that number, prosecutors
sought the DP in 119 of those cases, 33 of which
resulted in death sentences. Of these cases, 13
sentences were reduced by the court, one sentence
was vacated, six inmates died during the appeals
process, and 10 inmates remained in the appeals
process. Only three executions ultimately took
place.
33
33
The Nebraska Commission on Public Policy.
From 1976 to 2014, which is
considered the modern era
of executions, the state of
Nebraska has sentenced 33
individuals to death, but has
executed only three.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 12
SECTION 2 - THE DEATH PENALTY IN NEBRASKA
Source: Goss & Associates adapted from Nebraska Commission on Public Advocacy study of Nebraska Capital Cases.
* No additional executions have taken place in Nebraska since 2014.
Figure 2.1: Snapshot of 41 years of executions in Nebraska, 1973-2014
**
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 13
Table 2.1 provides a timeline of signicant events related to the DP in Nebraska.
After the DP was abolished by the Supreme Court in 1972, states began to apply statutes resulting in
highly complex issues and procedures that changed the face of the DP process over subsequent decades.
As a result, for example, a 2005 study found that in 2000, the state of Florida reversed 42 percent of its DP
sentences.
34
34
http://www.stetson.edu/law/lawreview/media/capital-punishment-an-examination-of-current-issues-and-
trends-and-how-these-developments-may-impact-the-death-penalty-in-florida.pd
f.
SECTION 2 - THE DEATH PENALTY IN NEBRASKA
Table 2.1. Nebraska’s Death penalty timeline
1972 The U.S. Supreme Court, in response to Furman v. Georgia, ruled that the DP constituted cruel
and unusual punishment when applied arbitrarily and capriciously, effectively striking down the
DP across the U.S.
†
The ruling, though without a clear majority, resulted in commutations of the
sentences of all pending executions across the nation to LWOP.
††
1973 Nebraska reinstated the DP on April 19, 1973. States began to reenact based upon their
interpretations of the U.S. Supreme Court opinions in Furman vs. Georgia and the use of new
statutes and guidelines for the application of capital punishment.
1976 Nationwide, the DP was reinstated after the Supreme Court accepted the use of the DP under
revised statutes.
1979 The Nebraska Legislature repealed the DP but the vote was vetoed by Gov. Charles Thone.
1982 The Nebraska Legislature excluded offenders younger than 18 from the DP.
1999 The Nebraska legislature passed a moratorium on executions. The bill, sponsored by Sen.
Kermit Brashear of Omaha was vetoed by Governor Mike Johanns with an advisory opinion by
state Attorney General Don Stenberg, which stated that he believed the moratorium would be
unconstitutional.
†††
2008 The Nebraska Supreme Court ruled that use of the electric chair violated the Nebraska Constitution.
2009 A bill providing for lethal injection in Nebraska became law.
2015 On May 20, 2015, the Nebraska State Legislature voted 32–15 on LB268 in favor of abolishing
Nebraska’s DP. The bill, sponsored by Sen. Ernie Chambers of Omaha was vetoed by Gov. Pete
Ricketts. His veto was later overridden by a vote of 30-19.
“Nebraskans for the Death Penalty”, gathered the required number of signatures on a ballot
measure petition seeking to reinstate Nebraska’s DP. With 166,692 signatures, of which 120,479
were certied and veried, the repeal is no longer in effect, and the issue will be voted on by the
electorate in November 2016.
††††
†
http://www.stetson.edu/law/lawreview/media/capital-punishment-an-examination-of-current-issues-and-
trends-and-how-these-developments-may-impact-the-death-penalty-in-florida.pdf.
††
http://www.deathpenaltyinfo.org/part-i-history-death-penalty.
†††
http://articles.latimes.com/1999/may/27/news/mn-41554
††††
http://www.omaha.com/news/nebraska/death-penalty-backers-turn-in-signatures-far-more-than-
needed/article_33250440-4c03-11e5-b181-1b2db6c6d958.html
Source: Goss & Associates
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Page 14
SECTION 2 - THE DEATH PENALTY IN NEBRASKA
Nebraska’s Death Row: Residents and
Disposition
35
Nebraska prosecuted approximately 3.03 DP
cases per year.
36
Since 1929, Nebraska’s use of the
DP has steadily decreased. And with the application
of new statutes related to the DP process in 1973,
the number of executions carried out in the state
has remained low, as shown in Figure 2.2, which
details the number of Nebraska executions by time
period.
However, the number of individuals actually
sentenced to death and placed on death row has
shown little decrease since the changes in statutes
transformed the DP process.
35
Nebraska Department of Corrections.
36
Goss & Associates calculations.
Figure 2.2: Number of Executions Carried Out in Nebraska since 1901
Source: Goss and Associates using data from Nebraska Department of Corrections
http://www.corrections.nebraska.gov/pdf/DRHistory.pdf
A 2005 study found that in 2000,
the state of Florida reversed 42
percent of its DP sentences.
As shown in Figure 2.3, in the six decades
prior to the Supreme Court’s action to strike down
the DP in 1972, an average of 0.54 individuals in
Nebraska were added to death row annually over a
span of 70 years.
After the 1972 ruling, and the introduction of
newer, less arbitrary processes involved in assigning
the DP, the number of inmates added to Nebraska’s
death row averaged 1.29 per year, over a span of 40
years.
8
8
0
2
2
0
3
0
1901-1919
1920-1929
1930-1939
1940-1949
1950-1959
1960-1989
1990-1997
1998-2016
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Page 15
SECTION 2 - THE DEATH PENALTY IN NEBRASKA
Figure 2.3: Number of Nebraska inmates placed on death row vs. executed 1900-2016
Source: Goss and Associates using data from Nebraska Department of Corrections
http://www.corrections.nebraska.gov/pdf/DRHistory.pdf
DP verdicts in recent decades show little slowing, while executions have waned signicantly. As
expected, with the steady flow of DP verdicts, along with a decrease in executions, defendants are remaining
incarcerated for longer periods of time while the appeal process for a single case routinely spans decades. As
stated earlier, the 10 individuals currently on death row have spent an average of 14.7 years appealing their
cases, and since 1976, six individuals to date have died while their cases were being adjudicated.
As shown in Figure 2.4, under the jurisdiction of the state from 1900 to 1975, 41 individuals entered
death row, while 31 entered from 1976 to the current date, the modern era of the DP process. The sentences
of 18 inmates were commuted prior to 1976, while 12 were commuted after 1975.
The disparity is greater in the number of inmates who were executed. Prior to 1976, 20 individuals
were executed while only three were executed after 1976. Prior to 1976, no prisoners died on death row, while
six died after 1976 with their cases still in the appeals process.
10
9
10
0
3
6
1
11
9
4
9
5
3
8
0
2
2
0
0
0
3
0
0
2
4
6
8
10
12
1900-09
1910-19
1920-29
1930-39
1940-49
1950-59
1960-69
1970-79
1980-89
1990-99
2000-2016
Added to Death Row
Executed
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Page 16
SECTION 2 - THE DEATH PENALTY IN NEBRASKA
Figure 2.4: Disposition of Nebraska’s death row inmates, 1900-1975 and 1976-2010
The Nebraska Appeals Process
Approximately 1,400 appeals of a variety of types are led yearly in Nebraska. The majority of cases
are handled by the six-judge appellate court, while the seven-member Nebraska Supreme Court handles cases
with legal ramications that extend beyond the individuals involved in the case. After a verdict, or decision,
has been reached in the trial court, a written notice of appeal must be prepared and led with the clerk of the
trial court within thirty days.
The next steps include the provision of a transcript and bill of exceptions by the appealing party and
the writing and ling of briefs. After the court has decided an appeal, the appealing party may request further
review by the supreme court, although in Nebraska, a small number of cases, approximately two to four
percent, are decided by the state’s highest court. Figure 2.5 provides a schematic of the Nebraska Appeals
Court Structure.
37
37
Nebraska Supreme Court. Citizen’s Guide to the Nebraska Appellate Courts. July 2009. Accessed https://supremecourt.nebraska.gov/
sites/supremecourt.ne.gov/les/self-help/citz-guide-appellate-courts.pdf.
Source: Goss and Associates using data from Nebraska Department of Corrections
http://www.corrections.nebraska.gov/pdf/DRHistory.pdf
41
18
20
0
0
0
1
31
12
3
6
1
1
0
0
5
10
15
20
25
30
35
40
45
Placed on death
row
Sentence
commuted
Executed
Died on death
row
Committed to
Lincoln Reg.
Center
Sentence
vacated
Furloughed
1900-1975
1976-2010
In capital cases in Nebraska, defendants receiving death
sentences are entitled to two attorneys and automatically
guaranteed a direct appeal to review the legality of the
conviction and sentence.
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Page 17
SECTION 2 - THE DEATH PENALTY IN NEBRASKA
In Nebraska, defendants for whom the DP is being sought are entitled to two attorneys
38
and
automatically guaranteed a direct appeal to the Nebraska Supreme Court to review the legality of the
conviction and sentence.
39
38
E.g., id. § 23-3408 (“In the event that the contracting attorney is appointed to represent an individual charged with a Class I [death-
eligible] or Class IA [LWOP-eligible] felony, the contracting attorney shall immediately apply to the district court for appointment of a
second attorney to assist in the case.”). Quinnipiac University School of Law Civil Justice Clinic.
39
E.g., Neb. Rev. Stat. § 29-2525 (“In cases when the punishment is capital, no notice of appeal shall be required.”). Quinnipiac
University School of Law Civil Justice Clinic.
Figure 2.5: Nebraska district and appeals courts
Source: Nebraska Supreme Court. https://supremecourt.nebraska.gov/sites/supremecourt.ne.gov/les/reports/courts/
Court%20Structure.pdf
Nebraska Supreme Court
• Chief Justice & 6 Justices
• Highest appellate court
• discretionary appeals
• from the Court of Appeals
• Mandatory appeals in
• Capital cases
• Cases concerning
constitutionality of
statutes
• may hear cases removed
from or that bypassed Court
of Appeals by a petition of
further review
Court of Appeals
• 6 Judges
• Panels of 3 judges hear
appeals throughout state
• Intermediate Appellate Court
• trial court appeals except
those heard by Supreme
Court pursuant to:
• mandatory jurisdiction
• direct appeal status
• removal procedures
• bypass procedures
District Courts
56 Judges
Serving 12 districts
Trial court of general
jurisdiction:
• felony cases
• domestic relation cases
• civil cases over $53,000
• When serving as an appellate
court:
• some county court appeals
• administrative agency
appeals
Original jurisdiction:
specified cases
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Page 18
SECTION 2 - THE DEATH PENALTY IN NEBRASKA
While defendants sentenced to LWOP may
also pursue an appeal, it was found in a 2000 study
that 41.5 percent of the 4,578 U.S. state death
sentences imposed between 1973 and 1995 were
reversed on direct appeal.
40
However, only 12
to 20 percent of non-capital cases, including LWOP,
were reversed on direct appeal.
41
Capital cases trigger more than 40 additional
issues that may be raised in direct appeal beyond
those possible in an appeal of an LWOP case.
42
In fact, an average of 6.76 direct and post-
conviction appeals were led on behalf of Nebraska
capital defendants, versus 1.64 appeals for those
who received LWOP.
40
James S. Liebman et al., Capital Attrition: Error Rates in
Capital Cases, 1973-1995, 78 TEX. L. REV. 1854 n.49 (2000).
Quinnipiac University School of Law Civil Justice Clinic.
41
See Neb. Rev. Stat. §§ 29-2520 (aggravation hearing), 29-
2521 (sentencing proceeding); see also ALAN E. PETERSON,
ESQ., FACT-BASED COMPARISON OF LIFE & DEATH
SENTENCING, at 14. (April 2013) (discussing three stages of
trial in death penalty cases under Nebraska law). Quinnipiac
University School of Law Civil Justice Clinic.
42
FACT-BASED COMPARISON, supra note 40, at 2.Quinnipiac
University School of Law Civil Justice Clinic.
on behalf of Nebraska capital defendants, versus 1.64 appeals for
those who received LWOP.
For capital cases, this contributes to a
higher likelihood of a successful appeal, which
in turn leads to another capital trial, an important
driver of costs in the DP process.
Capital cases trigger more than
40 additional issues that may
be raised in direct appeal
beyond those possible in an
appeal of an LWOP case.
For capital cases, this
contributes to a higher
likelihood of a successful
appeal, which in turn leads
to another capital trial, an
important driver of costs in
the DP process.
Summary
This section has detailed the factors contributing to the lengthening in the time and costs of Nebraska’s DP
law prior to 2015. The next section of this report estimates the cost of the DP process in comparison to the
cost of the LWOP process.
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Page 19
Section 3 - The Cost of the Death Penalty
Based on State and Local Spending Data
Introduction
43
U.S. Census data compiled yearly on state
and local government spending were used to
investigate the impact of the DP on corrections
and judicial/legal spending. The latest year of data
available at the time of this study was for
scal 2013.
Table 3.1 provides average spending
comparisons for DP states compared to NDP states.
In 2013, there were 17 states, including the District
of Columbia, that did not have a DP. The remaining
34 states are included in DP states as of 2013.
44
For 2013, as listed, DP states spend a
signicantly larger share of state and local budgets
on justice, at 3.54 percent, than NDP states at 2.93
percent.
43
Throughout this chapter, justice spending data refers to
spending on corrections operations spending, corrections
capital spending, and judicial and legal spending.
44
Currently Maryland does not have a DP. On May 2, 2013,
Governor Martin O’Malley signed a bill nullifying the state’s DP.
Before the Governor signed the bill, only rst-degree murder
was a capital offense in the state of Maryland.
Additionally, per $1,000 of GDP, DP states
spent $6.70 compared to $6.46 for NDP states on
justice. In 2013, had DP states spent on justice as
a share of GDP as did NDP states, taxpayers for the
median DP state would have saved approximately
$32.5 million.
For 2012 as listed in Table 3.1, DP states
spend a signicantly larger share of state and local
budgets on justice, at 3.51 percent, than NDP states
at 3.11 percent.
Additionally, per $1,000 of GDP, DP states
spent $7.07 compared to $6.75 for NDP states on
justice. For the two-year period, had DP states spent
on justice as a share of GDP as did NDP states,
taxpayers for the median DP state would have saved
approximately $46.5 million.
Table 3.1: Justice spending for DP states vs. NDP states, 2012 and 2013
Median values
2012 2013
DP NDP DP NDP
Percent of state and local government spending
Corrections 2.30% 1.75% 2.26% 1.73%
Corrections capital spending 0.06% 0.04% 0.05% 0.06%
Judicial and legal 1.29% 1.13% 1.33% 1.17%
Total justice spending as percent of total state & local spending* 3.51% 3.11% 3.54% 2.93%
Spending per $1,000 of state gross domestic product
Corrections $4.31 $3.78 $4.12 $3.72
Corrections capital $0.11 $0.07 $0.09 $0.12
Judicial and legal $2.44 $2.36 $2.43 $2.36
Total justice spending per $1,000 of GDP* $7.07 $6.75 $6.70 $6.46
Source: Goss & Associates calculations based on U.S. Census data and U.S. Bureau of Economic Analysis
*Detail will not sum to total.
Note: In 2016 Colorado, Pennsylvania, Oregon, and Washington had governor-imposed DP moratoriaums.
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Page 20
SECTION 3-THE COST OF THE DEATH PENALTY BASED ON STATE AND LOCAL SPENDING DATA
Table 3.2: Top 10 justice spending states as a percent of total state and local spending, 2013
Death penalty, 2013
Justice spending as % total
spending
Nevada Yes 5.29%
Louisiana Yes 4.94%
Arizona Yes 4.79%
California Yes 4.72%
Delaware Yes 4.58%
Idaho Yes 4.53%
New Mexico No 4.52%
Maryland (had DP in 2013) Yes 4.32%
Montana Yes 4.24%
Virginia Yes 4.23%
Source: Goss & Associates calculations based on U.S. Census data
Table 3.3: Top 10 justice spending states, 2013 (spending per $1,000 GDP)
Death penalty, 2013
Justice spending per
$1,000 GDP
New Mexico No $10.74
Alaska No $10.51
California Yes $9.80
Louisiana Yes $9.67
Montana Yes $9.30
Nevada Yes $9.13
Arizona Yes $8.99
Idaho Yes $8.78
Michigan No $8.62
Pennsylvania Yes $8.59
Source: Goss & Associates calculations based on U.S. Census data
Table 3.2 lists the top 10 states in terms of corrections spending as a percent of overall state and
local spending. As presented, nine of the top 10 justice spending states were DP states. Only one top justice
spending state, New Mexico, was an NDP state.
45
Table 3.3 lists the top 10 states in terms of corrections spending per $1,000 of gross domestic product
(GDP). As presented, seven of the top 10 justice spending states were DP states. Only three top justice
spending states, New Mexico, Alaska, and Michigan were NDP states.
45
In 2016, according to the Death Penalty Information Center, there were four states with governor-imposed moratoriums, 20 states
and the District of Columbia with NDP, and 30 states with DP.
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Page 21
SECTION 3-THE COST OF THE DEATH PENALTY BASED ON STATE AND LOCAL SPENDING DATA
Justice spending per $1,000 GDP = β
0
+ β
1
DP + β
2
Prisoners + β
3
PopDensity + β
4
PcapInc +
β
5
State/LocalSpending + β
6
Year + β
7
%Black + β
8
%Catholic + β
9
West + β
10
Midwest + β
11
South (Equation 3.1)
Figure 3.1: Justice spending per $1,000 GDP versus prisoners per 100,000 population (DP states and
NDP states)
$6.00
$6.20
$6.40
$6.60
$6.80
$7.00
$7.20
$7.40
5
10
15
20
25
30
35
40
45
50
55
60
65
70
75
80
85
Prisoners per 100,000
Death penalty
Non-death penalty
Source: Goss & Associates calculations based on U.S. Census data
Denitions of the variables contained in Equation 3.1 are provided in Appendix A. Estimates of
Equation (3.1) are also listed in Appendix A. As shown, the existence of the DP has a positive impact on
corrections and judicial/legal spending, or justice spending.
Statistical modeling results contained in Appendix A indicate that the average savings for the
sentencing option of LWOP compared to the DP across all 50 states and the District of Columbia for 2012
and 2013 was $0.145 per $1,000 of state gross domestic product.
Thus for the two-year period, 2012 and 2013, the average U.S. state with the DP would have saved
$46,474,823 had the state eliminated the DP. Alternatively, the average U.S. state with LWOP as the
sentencing option would have spent an additional $46,474,823 for the two-year period had the state adopted
the DP.
Based upon the estimates of Equation (3.1), justice cost for DP and NDP states versus the number of
prisoners in the state are estimated and presented in Figure 3.1.
46
Based on regression results from Equation
3.1, estimated spending for Nebraska is calculated based on the assumption that LWOP remains as a
replacement for the DP. Figure 3.2 shows those results.
As presented in gure 3.2, the 2013 cost of maintaining the DP versus LWOP was approximately $14.1
million. Indexing this to inflation as measured by the Consumer Price Index for legal services results in an
additional 2015 cost of $14.6 million.
46
All variables, except for prisoners and DP are set to their average value.
In order to separate the factors contributing to justice spending differentials, multiple regression
is undertaken. Regression is a statistical procedure that allows a researcher to estimate the correlation
between, for example, per capita income, and justice spending per $1,000 of GDP. Equation 3.1 details the
empirical regression equation.
Figure 3.2: Nebraska justice spending, actual vs. estimated spending without DP, 2013
47
47
Estimated values are the midpoint of estimated ranges, or 95 percent condence interval.
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SECTION 3-THE COST OF THE DEATH PENALTY BASED ON STATE AND LOCAL SPENDING DATA
Table 3.4: Annual savings from abolishing the DP
State
Year Source: Justice spending savings
California Annual average 1978-2011 Alarcon and Mitchell (2012) $121,212,121
Florida 2000 Palm Beach Post (2000) $51,000,000
Nebraska 2013 Goss & Associates $14,126,000
North Carolina 2005-06 Cook (2009) $11,000,000
Average U.S. stat 2013 Goss & Associates $23,200,000
Source: Goss & Associates Statistical Analysis
Source: Goss & Associates calculations based on U.S. Census data
$532,813,000
$518,687,000
$0
$100,000,000
$200,000,000
$300,000,000
$400,000,000
$500,000,000
$600,000,000
Actual with death penalty-2013
Estimated without death penalty-2013
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 23
Table 3.4: Annual savings from abolishing the DP
State
Year Source: Justice spending savings
California Annual average 1978-2011 Alarcon and Mitchell (2012) $121,212,121
Florida 2000 Palm Beach Post (2000) $51,000,000
Nebraska 2013 Goss & Associates $14,126,000
North Carolina 2005-06 Cook (2009) $11,000,000
Average U.S. stat 2013 Goss & Associates $23,200,000
Source: Goss & Associates Statistical Analysis
SECTION 3-THE COST OF THE DEATH PENALTY BASED ON STATE AND LOCAL SPENDING DATA
Does the Death Penalty Increase Conviction Rates?
According to Alarcón, et. al.,
48
“There is no credible evidence that replacing the DP with LWOP will
result in signicant added trial costs to the state due to defendants refusing to plead guilty and forcing
prosecutors to meet their burdens at trial. The few studies that have been completed support the proposition
that the threat of the DP does not increase plea bargain rates.” This study concluded that, nationally,
defendants in DP states are more likely to plead guilty to longer sentences, but the rate of guilty pleas was not
different.
A prime Nebraska example of how plea bargaining can increase wrongful prosecutions and boost
costs is that of the “Beatrice Six.” The state won convictions of six individuals based on faulty forensics and
ve confessions which were obtained under threats that the six would be given the death penalty if they
did not admit guilt. In 2008 DNA evidence exonerated all six and in July 2016, a federal jury awarded the
wrongfully convicted $28.1 million in damages.
48
Arthur L. Alarcón and Paula M. Mitchell, Costs of Capital Punishment in California: Will Voters Choose Reform this November?, 46
Loy. L.A. L. Rev. S1 (2012). Accessed at http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2803&context=llr.
A prime Nebraska example of how plea
bargaining can increase wrongful prosecutions
and boost costs is that of the “Beatrice Six.” The
state won convictions of six individuals based
were obtained under threats that the six would be
given the death penalty if they did not admit guilt.
In 2008 DNA evidence exonerated all six and in
July 2016, a federal jury awarded the wrongfully
convicted $28.1 million in damages.
bargaining chip does not save money since the same number of cases
would be resolved through a plea bargain with or without the DP.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 24
SECTION 3-THE COST OF THE DEATH PENALTY BASED ON STATE AND LOCAL SPENDING DATA
Figure 3.3: Actual murder rates per 100,000 population, DP states vs. NDP states, 1990-2014
0.00
2.00
4.00
6.00
8.00
10.00
12.00
Murder rate in death penalty states
Murder rates in non-death penalty states
Thus, the ndings of this study demonstrate the use of the DP as a bargaining chip does not save
money since the same number of cases would be resolved through a plea bargain with or without the DP.
Furthermore, past data indicate that the existence of the DP has no negative impact on state murder
rates. Figure 3.3 compares murder rates between DP states and non-DP states from 1990 and 2014. As
presented, each year the murder rate was higher for DP states than NDP states.
Source: Death Penalty Information Center
Section Summary
The data on state and local spending indicate that on average, DP states spend more on justice than
do NDP states. For the state of Nebraska, it is estimated that the state would have saved $14.6 million in
2015 dollars had the DP been replaced with LWOP.
For the state of Nebraska, it is estimated that
the state would have saved $14.6 million in 2015
dollars had the DP been replaced with LWOP.
estimated that Commission
attorneys were spending 2,000
hours per DP case.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 25
Section 4 - Estimation of the Cost of a Death
Penalty Prosecution to the State of Nebraska
Introduction
Between 1973 and 2014, Nebraska
prosecutors sought the DP in 119 cases with only
33 of the defendants actually receiving the death
sentence. Furthermore, more than half of those
death sentences were reversed, and only three
resulted in an execution.
49
It has been found that prosecuting DP cases
also strains local government budgets. An Omaha
World-Herald article reported that Nebraska’s
Richardson County, facing bankruptcy, was forced to
borrow funds and mortgage its ambulances to pay
legal expenses for the two DP cases it prosecuted in
1995-1996.
50
In another Nebraska case, it was estimated
that the DP sentencing phase alone cost $750,000.
And in neighboring Kansas, the cost of defense
alone for 26 DP trials, 12 of which resulted in a
death sentence, was $19.9 million through February
2009. And as of the date of this study, Kansas,
which enacted the DP in 1994, has executed no
one.
51
In 1995, the Nebraska Unicameral created
the Nebraska Commission on Public Advocacy. One
role of the commission is to provide legal assistance
to public defenders and court-appointed attorneys.
By providing legal assistance to aid indigent
defendants charged with rst-degree murder
and serious violent or drug-related felonies, the
Commission assumes costs that might otherwise
burden the county in which the case is prosecuted.
The intent of the state commission was
to provide property tax relief since counties pay
49
FBI Uniform Crime report; Criminal homicide reports led with
the Nebraska Supreme Court; Nebraska Commission on Public
Advocacy Study of Nebraska Capital Cases - 2007 & Equal
Justice and the DP: A Legal and Empirical Analysis. By the Num-
bers, 2007; Nebraska Commission on Public Advocacy..
50
Omaha World Herald, “Spat brews over public defenders,” by
Paul Hammel, January 31, 2012.
51
Senator Carolyn McGinn, “DP Too Costly, Not Deterrent,”
Wichita Eagle, March 1, 2009. Accessed at http://nadp.net/
death-penalty-info/cost/#sthash.PRSTmksL.dpuf
nothing for such legal services and associated costs
to provide assistance to the indigent.
52
In 2005-06,
the NCPA estimated that Commission attorneys
were spending 2,000 hours per DP case.
Meta-Analysis
The purpose of this section of the study is to
determine the cost of a DP prosecution in Nebraska
compared to an LWOP prosecution. A technique
called meta-analysis is used for this estimation.
According to Cochrane Statistical Methods Group,
meta-analysis is “… the statistical combination of
results from two or more separate studies.
53
Or as
one scholar puts it, it is, “an analysis of analyses”
(Glass 1976).
Meta-analysis has been used in elds as
diverse as sociology, social psychology, nance,
political science, marketing, ecology, genetics, and
most relevant to this study, economics.
54
As Goss and Phillips (1995) state, “…it is a
method for statistically analyzing results across
empirical studies.”
55
It is the best way to produce
a sophisticated, comprehensive, and statistically
rigorous literature review. The other method of
conducting a literature review is the prominent
chronological narrative.
52
http://www.statespending.nebraska.gov/history/byFund.
php?agency=60.
53
http://handbook.cochrane.org/chapter_9/9_analysing_data_
and_undertaking_meta_analyses.htm.
54
https://www.meta-analysis.com/pages/why_do.php
55
Goss, Ernest and Joseph Phillips. “The Effects of State and
Local Taxes on Economic Development: A Meta Analysis.”
Southern Economic Journal, Vol. 62(2), October 1995, pp. 320-
333.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 26
The chronological narrative, contrary to
meta-analysis, has serious limitations in its ability
to characterize previous research done in a given
subject area, for three reasons.
First, reviewers are often unable to deal with
the large number of studies on their topic, so they
focus on a few, without discussing how the studies
were selected (Rudner et. al., 2002).
Second, “Reviewers often cite the
conclusions of previous reviews without examining
those reviews critically,” (Rudner et. al., 2002).
Third, because certain reviewers are
prominent in their elds, they are hesitant to give
credit to studies whose conclusions oppose their
own (Rudner et. al., 2002). Because of the issues
inherent in the chronological narrative, the meta-
analysis method has been used rather extensively.
There are areas in which meta-analysis is
uniquely prone to error, and for that reason, scholars
recommend that:
1. Conclusions should not be drawn by comparing
and aggregating studies that use different
measurement techniques, denitions of variables,
and subjects.
2. Meta-analysis should not mix results from poorly-
designed studies with those from well-designed
studies.
3. Published research is dominated by studies that
reject the null hypothesis while studies that do not
reject are rarely published. This biases the analytic
results.
4. Multiple results from the same study are used
in the meta-analysis, making that study more
influential than it deserves to be.
5. Summarizing the research with a single variable
overlooks the impact of moderating variables on the
relationship (Goss and Phillips, 1995).
Despite the usage of meta-analysis
throughout the eld of economics (Goss, Phillips
1995; Fisher 1997), it has not, to the knowledge of
the authors, been used to investigate the cost of the
DP.
SECTION 4 - ESTIMATION OF THE COST OF THE DEATH PENALTY TO THE STATE OF NEBRASKA
In order to undertake a meta-analysis, a
systematic review was conducted to select and
review all studies relevant to the subject area,
sorting their conclusions based on the methodology
used, and identifying the data that are suitable for
analysis.
This study uses meta-analysis because it
brings the weight of evidence of the cost of the
DP to bear on the issue. Instead of conducting
one study, this study brings the results of nearly
all the relevant studies conducted in the United
States together to determine the cost of the DP in
Nebraska.
To ensure accuracy while conducting the
meta-analysis, this study formulated an explicit
review question, specifed eligibility criteria for
study selection, critically assessed the studies that
have been selected, collected appropriate data, and
decided what was meaningful to analyze.
Table 4.1 lists the studies used for the
meta-analysis. Study costs vary signicantly
since some, such as Colorado, include only the
additional attorney costs. Likewise, others such as
California, include post-conviction costs, attorney
costs, in-kind costs and maximum security costs.
Estimation of Equation 4.1 controls for the exclusion
or inclusion of these costs.
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Page 27
Equation (4.1) provides details of the variables used in this study to estimate the cost of the DP using
meta-analysis.
Cost of DP prosecution = β
0
+ β
1
Factor(1) + β
2
Factor(2) +… β
i
Factor(i) (4.1)
Equation (4.1) is estimated using ordinary least squares regression where the dependent variable
is the cost per capital case prosecuted and the factors are the independent variables controlled for in the
study. Additional factors are added which are specic to the state, and/or study. The empirical estimation
of Equation (4.1) is contained in Appendix B, along with a denition of each variable.
SECTION 4 - ESTIMATION OF THE COST OF THE DEATH PENALTY TO THE STATE OF NEBRASKA
Table 4.1: Studies used in meta-analysis
State
Authorship
(see annotated bibliography for details)
Costs per DP
2015 dollars
1 Arizona The Williams Institute, Linda M. Williams, Ph.D. $128,922
2 California (1993) David Erickson $2,447,795
3 Colorado Justin F. Marceau* and Hollis A. Whitson $130,931
4 Connecticut STATE OF CONNECTICUT COMMISSION ON THE DEATH PENALTY:
Jeffrey Bennett, et. al.
$334,168
5 Federal Government Jon B. Gouldv and Lisa Greenman $412,707
6 Idaho Ofce of Performance Evaluations Idaho Legislature $154,008
7 Indiana (2002) Senator William Alexa $166,551
8 Indiana (2010) Legislative Services Agency for SB 43, 2010 Indiana General Assembly $153,546
9 Iowa (1995) Fiscal Note State of Iowa $430,125
10 Iowa (2006) Fiscal Services Division Legislative Services Agency Fiscal Note $2,693,129
11 Kansas (2003) PERFORMANCE AUDIT REPORT: Costs Incurred for DP Cases:
A K-GOAL Audit of the Department of Corrections A Report to the
Legislative Post Audit Committee
$668,882
12 Kansas (2014) Report of the Judicial Council DP Advisory Committee $382,849
13 Maryland (2008) John Roman et. al. $1,902,255
14 Nevada (2012) Terance D. Miethe $237,230
15 Nevada (2014) Performance Audit Report on the Fiscal Costs of the DP $625,462
16 North Carolina
(2011)
Cook $453,026
17 Pennsylvania Capital punishment in Pennsylvania: When death means life, The
Reading Eagle
$1,902,255
18 Tennessee John G. Morgan, Comptroller of the Treasury, Ofce of Research $893,172
19 Washington State Collins, et. al. $1,152,172
Source: Goss & Associates calculations based on the individual study
The present study brings the results of nearly all the relevant
studies conducted in the United States together to determine the
cost of the DP in Nebraska.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 28
Table 4.2: Estimated cost to Nebraska taxpayer for each DP prosecution (2015 dollars)
Cost per DP case (from meta-analysis, Equation (4.1) $1,493,500
Source: Goss & Associates estimate based on meta-analysis
SECTION 4 - ESTIMATION OF THE COST OF THE DEATH PENALTY TO THE STATE OF NEBRASKA
Table 4.2 summarizes the cost of Nebraska’s DP derived from the estimation of Equation (4.1). As
presented, the cost per case in 2015 dollars is $1,493,500.
Table 4.3 details the elements of the annual cost for maintaining the DP for Nebraska. These are
costs above that for LWOP.
Distribution of Cost Savings
How could cost savings realized through adjudicating capital cases with other penalties, such as
LWOP be used? While some states are considering the elimination of the DP to help offset decits, more
specic options are being considered by others.
Compensation to victims. In June, 2013, Kansas’ Death Penalty Advisory Committee requested that
the committee study the addition of a provision in the DP repeal bill, HB 2515, that would allocate cost savings
to a victims’ support fund. However, that portion of the study request was withdrawn.
56
In 2011, Illinois’ DP
repeal required that state funds used for the DP be transferred to a fund for murder victims’ services and law
enforcement.
57
Redeployment of funds. Criminal justice scholars often recommend that cost savings from the
abolition of the DP be allocated to law enforcement, investigation, or prison systems. For example, if the
DP is eliminated in Colorado, the state intends to spend a portion of the savings on investigating the state’s
unsolved murders.
58
Summary
This section has detailed the costs incurred by the state of Nebraska for the re-introduction of the DP.
These costs are the additional costs compared to LWOP. The estimated costs are based on the meta-analysis
of 19 past studies examining the costs of the DP.
56
Costs Incurred for DP Cases:A K-GOAL Audit of the Department of Corrections, Dec. 2003. http://www.kslpa.org/ assets/les/
reports/04pa03a.pd
57
Illinois Abolishes DP; 16th State to End Executions, March 2011. http://abcnews.go.com/Politics/illinois-16th-state-abolish-death-
penalty/story?id=13095912
58
Saving Lives and Money, March 2009. http://www.economist.com/node/13279051
Table 4.3: Cost elements per-Nebraska case (in 2015 dollars)
Element Estimated savings
Post conviction $740,100
Maximum security costs $619,400
In-kind cost $134,000
Total costs $1,493,500
Source: Goss & Associates estimate based on meta-analysis
Table 4.2: Estimated cost to Nebraska taxpayer for each DP prosecution (2015 dollars)
Cost per DP case (from meta-analysis, Equation (4.1) $1,493,500
Source: Goss & Associates estimate based on meta-analysis
Table 4.3: Cost elements per-Nebraska case (in 2015 dollars)
Element Estimated savings
Post conviction $740,100
Maximum security costs $619,400
In-kind cost $134,000
Total costs $1,493,500
Source: Goss & Associates estimate based on meta-analysis
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
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Appendices
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 30
Table A.1: Regression variables, Equation (3.1)
Variable name Description Source
Cost Justice spending per $1,000 GDP in 2012 and 2013 (dependent variables) Census
Death Penalty Did state have DP in 2013 (1 = yes, 0 = no) DPIC
Prisoners Number of prisoners incarcerated in 2013 per 1,000 population Census
PopDensity State population density per square mile Census
PCAPINC Per capital income in thousands of $$s BEA
State/local Government
spending
State & local spending per $1,000 GDP excluding justice spending Census
Year Coded 2012 for 2012 data and 2013 for 2013 data Census
%black Percent of state population that is black, 2012 and 2013 Census
%Catholic Percent of state population that is Catholic Census
West Binary variable if state is in West Census region (1 = yes, 0 = no) Census
Midwest Binary variable if state is in Midwest Census region (1= yes, 0 = no) Census
South Binary variable if state is in South Census region (1= yes, 0 = no) Census
Sources: DPIC = DP Information Center; Census = U.S. Census Bureau;
BEA = U.S. Bureau of Economic Analysis
The Impact of the Death Penalty on Justice Spending
Table A.1 provides denitions of the variables used in the estimation of Equation 3.1. Table A.2 lists
details of the estimation of Equation 3.1 using ordinary least squares regression.
59
59
Alternative estimates using pooling techniques (random effects model) provided results similar to those presented. OLS results, due
to greater transparency, were presented
.
Appendix A - Statistical Modeling Results
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Table A.2: Estimation of Equation (3.1)
SUMMARY OUTPUT
Regression Statistics
Multiple R 0.79
R Square 0.62
Adjusted R Square 0.057
Standard Error 1.11
Observations 102
ANOVA
df SS MS F
Signicance
F
Regression 11 179.61 16.33 5.12 0.000001
Residual 90 111.73 1.24
Total 101 291.34
Coefcients P-value
Intercept 134.563 0.759
Death Penalty 0.145
A
0.012
Prisoners per 1,000 0.142 0.122
Pop. Density 0.011 0.388
Per capita personal income 0.001 0.058
State & local spending as %
GDP (X Justice)
25.015
A
0.000
Year -0.066 0.763
% Black -3.008 0.291
%Catholic 1.222 0.667
West 2.336
A
0.000
Midwest 0.127 0.783
South 0.829 0.196
A
Indicates that estimated coefcient is statistically signicant at the 95% level of condence
Source: Goss & Associates estimations based on data described in Table A.1
Appendix A - Estimation of Equation
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 32
Table B.1: Meta-regression variables, Equation (4.1)
Variable name
Denition
Data source
Dependent variable
Cost Estimated cost of prosecution of one capital case (2015 dollars) Study Table 4.1
Independent variable
Post conviction Did study consider post conviction costs (1 = yes, 0 = no) Goss
Maximum Security Did study take into account maximum security costs (1 = yes, 0 = no) Goss
In-kind Did study consider in-kind costs or contributions (1 = yes, 0 = no) Goss
Reduced costs Does the study consider possible cost reduction resulting from the DP’s
existence
Goss
Felony Can a defendant get death for a felony in which s/he was not responsible for
the murder? (1 = yes, 0 = no) 2015
DPIC
State/local State & local government spending as share of GDP Census
Crime rate State Crime Rate per 100,000 population Census
PCap Income State per capita income BEA
West Binary variable if state is in West U.S. Census region, (1=yes, 2 = no) Census
Midwest Binary variable if state is in Midwest U.S. Census region (1= yes, 2 = no) Census
South Binary variable if state is in South U.S. Census region (1= yes, 2 = no) Census
Table B.1 provides denitions of the variables used in the estimation of Equation 4.1. Table B.2 lists
results of the estimation of Equation 4.1 using ordinary least squares regression.
Appendix B - Meta Regression Results
Table B.1: Meta-regression variables, Equation (4.1)
Variable name
Denition
Data source
Dependent variable
Cost Estimated cost of prosecution of one capital case (2015 dollars) Study Table 4.1
Independent variable
Post conviction Did study consider post conviction costs (1 = yes, 0 = no) Goss
Maximum Security Did study take into account maximum security costs (1 = yes, 0 = no) Goss
In-kind Did study consider in-kind costs or contributions (1 = yes, 0 = no) Goss
Reduced costs Does the study consider possible cost reduction resulting from the DP’s
existence
Goss
Felony Can a defendant get death for a felony in which s/he was not responsible for
the murder? (1 = yes, 0 = no) 2015
DPIC
State/local State & local government spending as share of GDP Census
Crime rate State Crime Rate per 100,000 population Census
PCap Income State per capita income BEA
West Binary variable if state is in West U.S. Census region, (1=yes, 2 = no) Census
Midwest Binary variable if state is in Midwest U.S. Census region (1= yes, 2 = no) Census
South Binary variable if state is in South U.S. Census region (1= yes, 2 = no) Census
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
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Appendix B - Meta-analysis, estimation of
Equation (4.1)
Table B.2: Estimation of Equation (4.1)
SUMMARY OUTPUT
Multiple R 0.763
R Square 0.582
Adjusted R Square 0.122
Standard Error 1588514.659 F Signicance
Observations 22 1.26499091 0.359257479
ANOVA
df SS MS
Regression 11 3.5113E+13 3.19E+12
Residual 10 2.5234E+13 2.52E+12
Total 21 6.0346E+13
Coefcients Standard Error P-value
Intercept -$12,953,717 $8,075,033 0.140
Post conviction $668,940 $1,397,653 0.643
Maximum security $864,291 $980,708 0.399
In-kind $521,086 $916,110 0.582
Reduced costs -$1,544,928 $1,500,711 0.328
Felony -$339,027 $1,023,862 0.747
State/local $40,127,778 $31,380,728 0.230
Crime rate $2,072 $3,661 0.584
PCap Income
$131 $82 0.142
West
$262,279 $1,101,842 0.817
Midwest
$304,892 $1,098,848 0.787
South
$524,867 $1,088,902 0.640
Source: Goss & Associates estimations based on data described in Table A.1
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
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Appendix C - Annotated Bibliography
1. Alarcon, Arthur L., and Paula M. Mitchell. “Executing the Will of the Voters: A Roadmap to Mend or End the
California Legislature’s Multi-Billion-Dollar DP Debacle.” Loy. LAL Rev. S41 44 (2010).
Since the 1978 reinstatement of California’s DP, the state has spent approximately $4 billion
on capital cases and has performed 13 executions. The majority of the 714 prisoners currently
on death row will wait more than 20 years before their cases are resolved and many will die of
natural causes while their cases are in appeal. The Legislature has yet to enact changes while
voters have elected to increase the number of death-eligible crimes. The authors determine the
amount of taxpayer spending for DP trials versus non–DP trials and for costs incurred due to
the delay from the initial sentence of death to the execution. The article also examines flaws in
the voter initiative process that led to the expenditure of billions of dollars on a system that the
authors say has been ineffective in carrying out punishment against those who commit the worst
of crimes. The study presents and analyzes corrective measures to reduce the death row backlog,
and propose several voter initiatives for meaningful reform.
2. The Application of Indiana’s Capital Sentencing Law: Findings of the Indiana Criminal Law Study
Commission, Senator William Alexa, Chair. [Indianapolis, Ind.: The Commission], 2002.
The Indiana Criminal Law Study Commission’s 2002 report examined the cases of 224 individuals
who were sentenced for murders committed between July 1, 1993 and August 10, 2001. The
study found that white offenders received more severe sentences than non-white offenders, but
this may have been related to the victim’s race rather than the offender’s race; white offenders
and non-white offenders who both have white victims garner similar sentences; and non-white
offenders appear to be sentenced less severely than white offenders when the victim is non-
white. In the majority of murders the offender and the victim are of the same race. The study also
performed a cost comparison between cases that sought life without parole (LWOP) and the DP.
The commission found that between 1970 and 2000, for the typical death row offender, the time
between sentencing and execution was 10.5 years, while life without parole (LWOP) offenders
remained in prison for 30-50 years. The present value cost for trials of those offenders who were
executed exceeded the cost of a trial where LWOP is sought by 21.15 percent. When these costs
were applied to 84 offenders for whom the DP was sought from 1970-2000, it was determined
that DP costs were 34 to 37 percent greater than LWOP costs.
3. Barry, K.; Bonica, Angela. Cost of Appeals in Capital Context. Quinnipiac University School of Law Civil
Justice Clinic (2016).
This analysis examined whether the capital appeals process is more expensive than the appeals
process for those serving life imprisonment (“LWOP”) because of: (1) the representation provided
to capital defendants, and (2) the number of appeals brought by capital defendants.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 35
4. Bischoff, Laura A.; Sweigart, Josh; Nagel, Kyle. “DP Debate: What it Costs.” Dayton Daily News, Feb. 23,
2014: accessed at http://www.mydaytondailynews.com/data/news/death-penalty-debate on Apr. 26,
2016.
This chart shows annual costs related to executions in Ohio’s 165 active DP cases. Annual
costs as shown included: $842,000 for seven attorneys and two paralegals in the Ohio Attorney
General’s capital crimes unit; $1.35 million for 14 attorneys and four other staff in the Ohio
Public Defender’s DP division; $2.5 million for appointed defense attorneys to represent indigent
Ohioans in capital cases; $3.88 million budgeted for public defender attorneys on capital cases in
federal court; and prison costs of $8.3 million in one year incurred for 138 Death Row inmates, a
gure that is likely higher since inmates are held in single cells and under high security protocol.
The costs for county prosecutors and the courts were unknown. 1 Cook, Philip J. (2009).
Potential Savings from Abolition of the DP in North Carolina. American Law and Economics
Review (2009) 11 (2), 498-529.
The author found that the state of North Carolina could have saved nearly $10.8 million annually
for years 2005 and 2006 if the state’s DP were abolished. Without capital cases, for the two-year
period more than $21.6 million in criminal justice expenses would have been avoided, including
additional defense costs, payments to jurors, post-conviction costs, resentencing hearings, and
additional costs to the prison system for accommodating inmates with capital convictions. Not
included in the costs were state resources in the Ofce of the Appellate Defender and the North
Carolina Supreme Court, additional time spent by prosecutors in capital cases, and the costs to
taxpayers for federal appeals.
5. Boruchowitz, Robert C.; Collins, Peter A.; Hickman, Matthew J.; and Larranaga, Mark A., “An Analysis of
the Economic Costs of Seeking the DP in Washington State” (2015). Fred T. Korematsu Center for Law and
Equality. Paper 29. http://digitalcommons.law.seattleu.edu/korematsu_center/29
This study found that the costs incurred due to the complexity of capital cases are about 1.4 to
1.5 times greater, a difference of $1.15 million in 2014 dollars, than the same cases when the DP
is not sought. The study was limited to economic cost estimation only for 147 aggravated rst-
degree murder cases from 1997 to 2014, assuming a life sentence for all offenders, and reviewed
data from more than 40 different sources. Since capital punishment was pursued, average trial
level defense costs were 2.8 to 3.5 times greater, average trial level prosecution costs were 2.3 to
4.2 higher, while court, police/sheriff, and other costs related to pursuit of the DP were 3.9 to 8.1
times higher. Post-conviction lifetime incarceration costs (DOC) for the group studied were .7 to
.8 times greater than those of capital cases. Average jail costs related to DP cases were 1.4 to 1.6
times higher than for non-capital cases.
6. Brambila, Nicole C.; Turner, Ford; Urban, Mike. “Capital Punishment in Pennsylvania: When Death Means
Life.” Reading Eagle, Dec. 14, 2014: accessed at http://www.readingeagle.com/news/article/capital-
punishment-in-pennsylvania-when-death-means-life on Apr. 26, 2016.
This Reading Eagle article cites the state’s DP system as “deeply flawed” and “dysfunctional,”
indicating that Pennsylvania’s DP has cost taxpayers more than $351.5 million, with no
executions in 15 years. Its three executions since 1976 cost approximately $116.5 million each.
The analysis focuses on the state of Maryland where a study found that it costs an average of
$3 million to prosecute and house DP inmates. Studies in other states showed estimates of the
costs of capital cases as 50 to 70 percent higher than in non-capital cases. The authors cite
court-appointed attorney costs of $75 to $100 per hour, with hundreds of hours of work required
per inmate, as well as psychiatric evaluations costing approximately $2,500. According to
analysis of costs in Berks County, PA, each successful capital prosecution costs $1.9 million. This
gure does not include those cases overturned in the appeals process, those that ended with a
plea, and trials that resulted in a hung jury.
APPENDIX C - ANNOTATED BIBLIOGRAPHY
NEBRASKA’S HIGHWAY 81 4-LANE EXPANSION: DRIVING ECONOMIC GROWTH, 2017-2018 AND BEYOND
Page 36
7. Connecticut General Assembly H.B. No. 6578, An Act Concerning the Penalty for a Capital Felony.
This bill sought to replace the DP with a penalty of life imprisonment without the possibility
of release for certain murders committed on or after the effective date of the bill. The bill was
vetoed by Governor M. Jodi Rell in June, 2009 (Public Act 12-5 eventually repealed the DP for all
crimes committed on or after April 25, 2012).
8. Cook, Philip J. (2009). Potential Savings from Abolition of the DP in North Carolina. American Law and
Economics Review (2009) 11 (2), 498-529.
The author found that the state of North Carolina could have saved nearly $10.8 million annually
for years 2005 and 2006 if the state’s DP were abolished. Without capital cases, for the two-year
period more than $21.6 million in criminal justice expenses would have been avoided, including
additional defense costs, payments to jurors, post-conviction costs, resentencing hearings, and
additional costs to the prison system for accommodating inmates with capital convictions. Not
included in the costs were state resources in the Ofce of the Appellate Defender and the North
Carolina Supreme Court, additional time spent by prosecutors in capital cases, and the costs to
taxpayers for federal appeals.
9. Erickson, David. Capital punishment at what price: an analysis of the cost issue in a strategy to abolish the
DP. MPP Thesis. University of California at Berkeley (1993).
This study provides county-level costs of administering the DP in California and per case costs
based on data from Los Angeles County. The author indicates distinctions between capital
and non-capital cases in areas including the number of motions that must be led, the number
of attorneys per defendant, jury selection days, and full court days. In all areas, capital cases
entail signicantly more time and cost. The author calculates that the enhanced cost (taking
into account average life expectancy of the inmates and the average amount of time a capital
defendant spends on death row) of a DP case in California is at least $1.25 million more costly
than a comparable case that seeks a sentence of life without parole.
10. Fiscal Costs of the DP. Performance audit report, Nevada Legislative Auditor Report #LA14-25 (2014).
The report samples average costs of 28 capital cases and estimates that DP cases, from arrest
through the end of incarceration, cost approximately $532,000 more than non-capital cases.
Costs included incarceration, medical, and trial and appeals (although these were incomplete,
case costs were approximately three times greater than non-capital cases). Nearly every
cost center used accumulated higher expenses for capital cases than for non-capital cases.
Incarceration costs for offenders who received the DP were only slightly higher than those who
received life without the possibility of parole. Medical costs double each decade after inmates
reach the age of 35. Savings incurred from plea bargaining depend upon the point in the trial
phase when the agreement is reached.
11. A Fiscal Note: An Act Revising the Penalty for Capital Felonies. OFFICE OF FISCAL ANALYSIS. sSB-280
(2012). Accessed May 2016 at http://www.palmbeachpost.com/news/news/cerabino-to-save-money-
florida-should-kill-death-p/nLpn6/.
This note indicates that repeal of the DP will reduce litigation costs, resulting in savings of
up to $850,000 beginning in FY 13. This includes $700,000 for the Public Defenders Service
Commission, $150,000 for the Division of Criminal Justice. 2013-14 savings would include
yearly savings of $3.38 million for the Public Defenders Service Commission; $1.20 million for
the Division of Criminal Justice; and $455,000 per inmate for the Correctional system. The total
costs for the most recent prisoner execution at that time was $1.73 million.
APPENDIX C - ANNOTATED BIBLIOGRAPHY
12. Forsberg, Mary E., New Jersey Policy Perspective, Money for Nothing? The Financial Cost of New Jersey’s
DP (2005).
Prior to New Jersey’s 2007 decision to abolish the DP, the author examines the costs of capital
punishment on the state of New Jersey, determining that the state has spent more than $250
million since the law was reinstated in 1982, while no executions have taken place in that time
frame. The paper provides an appendix of other states’ experiences with the DP.
13. Goss, Ernest and Joseph Phillips. “The Effects of State and Local Taxes on Economic Development: A
Meta Analysis.” Southern Economic Journal, Vol. 62(2), October 1995, pp. 320-333.
Study provides a meta-analysis of the effect of state and local taxes on economic development.
Use of the meta-analytic technique to analyze the studies reviewed by Timothy J. Bartik;
Estimate of tax elasticity; Determination of how the inclusion and omission of key variables in the
estimated equations influences the elasticity estimates.
14. Gould, Jon B., Greenman, Lisa. Report to the Committee on Defender Services Judicial Conference of the
United States. Update on the Cost and Quality of Defense Representation in Federal DP Cases (2010).
The authors found that for a DP eligible crime, where the DP was not authorized to be sought, the
median cost for defense between 1998 and 2004 was $44,809, with the mean cost at $76,665.
For capital cases in which the prosecution of the DP was authorized, the cost of defense for
capital cases ranged from $26,526 to $1.79 million. The median cost for authorized cases was
$465,602, while the median cost for those that were resolved by a plea was $200,933. The ratio of
attorney time spent in-court to that spent out-of-court is greater for trials than pleas. For capital
trials, defense counsel spent a median 353 hours in-court and 2,373 hours out-of-court. For
pleas, defense attorneys spent a median 42 hours in-court and 992 hours out-of-court.
15. Kansas Judicial Council. DP Advisory Committee. Report of the Judicial Council DP Advisory Committee
(2014).
The committee analyzed a sample of 34 capital-eligible cases led between scal years 2004-
2011 to capture costs to both state and local governments for the state of Kansas for trial,
direct appeal, and additional appeals and proceedings. Costs were examined from the inception
of each case. For the period studied the average cost per case to BIDS (Board of Indigents’
Defense Service) for trial cases where the DP was sought cost $296,799 more than trial cases
where the DP was not sought. BIDS costs, on average, for plea cases where the DP was sought
were $65,884 higher than plea cases when the DP was not sought. Average district court costs
per case for the period studied for trial cases where the DP was sought were $50,976 greater
than trial cases where the DP was not sought. District court costs, on average, for plea cases
where the DP was sought were $8,879 higher than plea cases when the DP was not sought. The
Department of Corrections determined that the average annual cost to house a death row inmate
was $49,380, a gure that is twice the amount to house an inmate in the general population. It
was also estimated that for a three-year period, seven Kansas Supreme Court justices spent a
total of 2,000 hours on DP cases.
16. Legislative Services Agency Fiscal Note, Iowa Fiscal Services Division. 1995. LBS No. 1150HH
The analyst indicated that for capital cases, there will be an estimated nine years between
conviction and execution; the average life without parole offender will spend 40 years in prison;
capital cases go through three levels of appeal, and 25 percent will return for retrial; an estimated
three cases per year will be capital-eligible murder cases; 56.5% of capital murder cases will be
prosecuted by county attorneys with the counties bearing the costs; appeals are handled by the
Department of Justice. Under proposed law at the time of the analysis, the projected 2036 costs
for a capital case were $2.18 million.6. Kansas Judicial Council. DP Advisory Committee. Report
of the Judicial Council DP Advisory Committee (2014).
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
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APPENDIX C - ANNOTATED BIBLIOGRAPHY
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
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APPENDIX C - ANNOTATED BIBLIOGRAPHY
17. Legislative Services Agency Ofce of Fiscal and Management Analysis, Fiscal Impact Statement, LS 6130,
BILL NUMBER: SB 43 (2010).
This bill contains provisions and sentencing guidelines for aggravating circumstances in murder
cases. The guidelines permit the prosecuting attorney to request either the DP or life without
parole if no other conditions exist in the case that would authorize the prosecuting attorney to do
so. Any added costs to the state depend on whether the prosecuting attorney chooses to le for
the added enhancement. The bill stats that contested cases with both trial and appeal would be
costlier than if the defendant pleads guilty in exchange for life without parole. If the prosecuting
attorney elects to request life without parole, the costs will be lower for the state and county.
18. Lenstra, Beth. Legislative Services Agency Fiscal Note, Iowa Fiscal Services Division. 2006. HF 2573 – DP
(LSB 6219 HV)
The analyst indicated an average daily housing cost for death row inmates of approximately $120
per day per offender. The average cost per day for county connement is $50. The executioner
works under contract, on a per diem basis. Iowa’s cost for a capital conviction was between
$418,000 and $760,000, depending upon prosecution and defense costs, and where in the prison
system the offender is housed.
19. Louisiana. Legislature. Senate. Creates the Joint Capital Punishment Fiscal Impact Commission. SLS
14RS-850, Senate Concurrent Resolution No. 16, 2014. Accessed May 2016 http://www.legis.la.gov/legis/
ViewDocument.aspx?d=881738.
Led by State Sen. JP Morrell, D-New Orleans, a resolution for a Capital Punishment Fiscal Impact
Commission in Louisiana.
20. Marceau, Justin F., Whitson, Hollis A. (2013). The Cost of Colorado’s DP. University of Denver Criminal Law
Review, 3, 145-163.
This study found that the number of court days and the length of time between charges and
sentencing in death prosecutions and aggravated rst-degree murder cases result in higher
costs. The authors found that capital cases require substantially more days in court and take
substantially longer to resolve than non-capital cases. The study concluded that no tangible
benets offset the additional costs and time involved in capital cases. Study results also indicate
that the possibility of avoiding the DP does not result in speedier pleas by the defendant. In
addition, the authors found that deterrence benets of the DP are speculative.
21. McLaughlin, Jolie. “Price of Justice: Interest-Convergence, Cost, and the Anti-DP Movement, The.” Nw. UL
Rev. 108 (2013): 675.
The author concludes that the emphasis on costs and inefciencies related to capital
punishment has helped convince state lawmakers that abolishment of the DP is in states’ best
interests. Further, the author suggests that this interest-convergence story is a useful tool for
anti-DP advocates when using an economic approach on which to base their arguments.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
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APPENDIX C - ANNOTATED BIBLIOGRAPHY
22. Miethe, Terance D. (2012). Estimates of Time Spent in Capital and Non-Capital Murder Cases: A Statistical
Analysis of Survey Data from Clark County Defense Attorneys. University of Denver Criminal Law Review, 3,
145-163.
The author surveyed defense attorneys in Clark County, Colorado. Findings related to time and
cost differences in time spent between capital and non-capital Murder cases in the county
included: 112 percent more was spent on capital murder cases (2,298) than on non-capital
murder cases (1,087); defense costs were $170,000 to $212,000 more per capital case than
non-capital case; the average capital murder case costs were $229,800 (Public Defender) or
$287,250 (Appointed Counsel); the 80 pending capital murder cases at the time of the study for
Clark County cost approximately $20 Million; capital cases in the county for 2009-2011 took an
average of 1,107 days, or just over three years, while non-capital cases took an average of 387
days, or (1.1 years); for the 35 completed cases in Clark County from 2009-2011 where the DP
was sought, ve resulted in a death sentence, 17 resulted in life without the possibility of parole,
seven resulted in life with the possibility of parole, ve resulted in a sentence other than a death
or life sentence, and one resulted in dismissal.
23. Morgan, John G. “Tennessee’s DP: Costs and Consequences.” Comptroller of the Treasury Ofce of
Research. (2004): 2011.
This study compares the costs of rst-degree murder cases in Tennessee and recommends
policy changes to streamline the capital case process. The author concludes that capital
cases cost more to conduct than those seeking verdicts of life or life without parole, due to
their complexity, additional agencies and individuals involved in the process, time spent by the
prosecution and defense, and the expanded appellate process. The study indicates that capital
trials cost an average of $46,791; life without the possibility of parole trials cost an average of
$31,494 (not including defense costs); and life with the possibility of parole trials cost an average
of $31,622.
24. Nebraska Commission on Public Advocacy study of Nebraska Capital Cases (2007). Equal Justice and the
DP: A Legal and Empirical Analysis. By the Numbers from 1973-2007.
This graphic presents an analysis reaching from initial arrests for murders, to execution for
Nebraska. Accessed May 2016 http://nadp.net/death-penal,ty-info/cost.
25. Nebraska. Legislature. Judiciary Committee Hearings on the DP. 13 March, 2013.Testimony presented by
Richard C. Deiter, 2001.
This testimony provides a review of numerous studies, including the topics of DP costs, plea
bargaining, the declining use of the DP, the innocence issue, time taken by use of the DP, and the
relationship between innocence and cost.
26. Nebraska Supreme Court. Citizen’s Guide to the Nebraska Appellate Courts. July 2009. Accessed at
https://supremecourt.nebraska.gov/sites/supremecourt.ne.gov/les/self-help/citz-guide-appellate-
courts.pdf.
This guide, created for self-litigants, provides an overview of the Nebraska appellate court
system.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
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APPENDIX C - ANNOTATED BIBLIOGRAPHY
27. New York State Defenders Association. (1982). “Capital Losses: The Price of the DP in New York State.”
Albany, NY: New York State Defenders Association.
This 1982 report examines the costs of capital litigation and the scal impact of the DP on New
York State at a time when the state was considering implementing the DP as law. The authors
highlighted inadequacies of defense services under the proposed DP bill, and indicate that
supporters recognized such and would respond by supplying ‘unlimited funds’ to the defense
in capital cases. The study also concludes that at a cost of $1.4 million at the time of the study
that a DP trial alone would exceed the cost of life imprisonment. It was estimated that the cost
of the guilt and penalty phases of trial would total approximately $1.8 million, and by the time the
rst 40 New York capital cases had been tried, more than $59 million will have been spent.By the
time the rst 21 New York death cases reach the Supreme Court, New York State and its counties
would have expended the entire allocation for the statewide Major Offense Prosecution Program.
Given the continued escalation of criminal justice costs, it was predicted that by 2000, the DP
would cost $1.075 billion annually.
28. Ofce of Performance Evaluations Idaho Legislature. Joint Legislative Oversight Committee. Financial
Costs of the DP Evaluation Report 14-02 (2014).
The lack of available cost data prevented Idaho from quantifying the total nancial cost of the
DP to the state. Therefore, the Joint Legislative Oversight Committee determined the time taken
to complete major parts of the guilt and penalty phase. This included: the appeal and post-
conviction phase for capital and noncapital rst-degree murder defendants, and a comparison
of the number of offenders originally sentenced to death with the number of offenders currently
serving a death sentence. Their major ndings included: Few rst-degree murder defendants
are sentenced to death and fewer are executed. From 1998-2013, only 7 of 42 DP defendants
received a death sentence. Only three of the 40 offenders sentenced to death since 1977 were
executed. Concluding a capital trial (reaching guilty or not guilty) takes seven months longer
for capital cases than for noncapital cases; statutory requirements that must be adhered to for
capital cases cost extra money and include requirements such as extra legal representation
for capital case defendants, a mandatory supreme court review of all death sentences, and the
readiness that must be maintained for death row prisoners by the Department of Correction.
29. A Report to the Legislative Post Audit Committee by the Legislative Division of Post Audit State of Kansas.
Costs Incurred for DP Cases: A K-GOAL Audit of the Department of Corrections (2003).
An audit compared estimated cost information for 22 capital punishment-qualifying cases
where trial led to conviction. There was a relatively equal mix of cases in terms of DP sought
and given, DP sought and not given, and DP not sought. The median trial cost for cases in which
the DP was imposed was more than $500,000, compared to approximately $33,000 for non-
DP cases reviewed. At just over $400,000, the projected appeal-related costs for the DP cases
were more than 20 times the projected cost for cases in which the DP was not sought. The study
concluded that because the U.S. Supreme Court ensures that due process is followed for DP
cases, there does not appear to be signicant opportunity to change the process in a way that
would result in savings. However, the state could potentially benet from attention to other states’
implementation of cost-savings measures that do not result in signicant legal challenges.
30. Roman, John; Chaln, Aaron; Sundquist, Aaron; Knight, Carly; Darmenov, Askar. The Cost of the DP in
Maryland. Urban Institute, Justice Policy Center (2008).
This analysis examined a sample of Maryland’s 1,136 capital murder cases that occurred
between 1978 and 1999. The average case was found to cost approximately $1.1
million. Costs for cases that were not capitally prosecuted were $1.8 million, while capital-
eligible cases cost $3.1 million. For DP cases that began between 1978 and 1999, the cost to
Maryland taxpayers was estimated at approximately $186 million.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
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APPENDIX C - ANNOTATED BIBLIOGRAPHY
31. Spangenberg, Robert L., and Elizabeth R. Walsh. “Capital Punishment or Life Imprisonment--Some Cost
Considerations.” Loy. LAL Rev. 23 (1989): 45.
The authors project costs of the capital process and describe how it is more
detailed, and thus more costly, than the non-capital process, citing research available at the time
of the study. The authors point out that because of the irrevocability of capital punishment, the
steps in DP cases in the areas of pretrial, trial and post-trial demand more time and expense for
law enforcement, prosecutors, courts, judges, correctional facilities, psychiatric experts, and
counsel. The study points out that as of 1978, 85 to 90 percent of murder cases that are arraigned
result in guilty pleas. However, guilty pleas are not common when the DP is being sought, and
capital cases result in jury trials 10 times more often than do non-capital cases. In addition, voir
dire was estimated to take 5.3 times longer in capital cases than non-capital cases; expenses
incurred by both the prosecution and the defense during the guilt phase may be duplicated during
the penalty phase; an automatic appeal is led upon imposition of the DP; total defense attorneys’
time was measured at 500-1,000 hours; and capital trials take approximately three and one-half
times longer than non-capital trials.
32. State of Connecticut Commission on the DP. Study Pursuant to Public Act No. 01-151 of the Imposition of
the DP in Connecticut (2014).
Created by the Connecticut General Assembly, the “Commission on the DP to study the imposition
of the DP in this state” studied fourteen aspects of capital punishment. The Commission made
recommendations to the state related to: nancial costs; disparity based upon race, ethnicity
gender and other factors as well as judicial district; training and experience for prosecutors
and defense counsel; appellate and post-conviction review and the imposition of sentence and
execution of sentence; procedures for reprieve, stay of execution, or commutation of DP and
the authority of governor to grant reprieve; examination of safeguards; effect of victim impact
statement; nancial resources needed to address delays; studies by other states; and emotional
and nancial effects of delays on victims. It was found that defense costs for the current death
row inmates averaged $380,000 per case, and cited an analysis by Connecticut’s Public Defender
Services that indicates that defense costs for capital cases are 88% higher than non-capital cases
that could result in life without parole.
33. State of Missouri Public Defender Commission. Fiscal Year 2013 Annual Report (2013).
The author reports that total defense costs for the capital division were $2.67 million for 19 cases
assigned, while all types of cases, including capital cases, numbered 73,666 with a total cost of
$24.13 million.
34. Williams, Linda M., Case Study on State and County Costs Associated with Capital Adjudication in Arizona:
Data Set III Research Report to Arizona Capital Case Commission. (2001).
For years 1990-1993 and 1998-1999 the study found that death sentence cases from indictment
through sentencing, as well as appeals, cost an average of nearly $163,897, while non-capital
cases cost nearly $70,231. For cases prosecuted capitally, but resulting in life sentences, costs
for 1990-1993 were $118,165.9 on average, and for 1998-1999 were $128,454. The study
included major cost factors only.
35. Wisckol, M., Quick S., Zisk, S., “Death Penalty Vote Could Come Down to Practicalities.” Orange County
Register, Oct , 2012: accessed at http://www.ocregister.com/articles/death-374323-percent-penalty.html
on Apr. 26, 2016.
THE ECONOMIC IMPACT OF THE DEATH PENALTY ON THE STATE OF NEBRASKA: A TAXPAYER BURDEN?
Page 42
Ernie Goss is the Jack MacAllister Chair in Regional
Economics at Creighton University and is the initial
director for Creighton’s Institute for Economic
Inquiry. He is also principal of the Goss Institute in
Denver, Colo. Goss received his Ph.D. in economics
from The University of Tennessee in 1983 and is a
former faculty research fellow at NASA’s Marshall
Space Flight Center. He was a visiting scholar with
the Congressional Budget Ofce for 2003-2004, and
has testied before the U.S. Congress, the Kansas
Legislature, and the Nebraska Legislature. In the fall
of 2005, the Nebraska Attorney General appointed
Goss to head a task force examining gasoline
pricing in the state.
He has published more than 100 research studies
focusing primarily on economic forecasting
and on the statistical analysis of business and
economic data. His book Changing Attitudes
Toward Economic Reform During the Yeltsin Era was
published by Praeger Press in 2003, and his book
Governing Fortune: Casino Gambling in America
was published by the University of Michigan Press
in March 2007.
He is editor of Economic Trends, an economics
newsletter published monthly with more than
11,000 subscribers, produces a monthly business
conditions index for the nine-state Mid-American
region, and conducts a survey of bank CEOs in 10
U.S. states. Survey and index results are cited each
month in approximately 100 newspapers; citations
have included the New York Times, Wall Street
Journal, Investors Business Daily, The Christian
Science Monitor, Chicago Sun Times, and other
national and regional newspapers and magazines.
Each month 75-100 radio stations carry his Regional
Economic Report.
Scott Strain is a senior research economist at Goss
& Associates. He has worked as an economist
and statistician for more than 20 years providing
forecasts and analysis across a wide-range of
industries. Scott served as an industry economist,
working in new product development regarding
both quantitative and qualitative research. Strain
was Senior Director of Research for an economic
development agency, providing economic
impact and tax incentive analysis to both private
businesses and government entities. He served
on the business advisory committee that worked
with Nebraska state senators and the director of
the state’s Economic Development Department
to develop the Nebraska Advantage Act – a
comprehensive package of business incentives that
has helped to add more than $6 billion in new capital
investment and over 13,000 new jobs in the state of
Nebraska since the Act’s inception in 2006.
Jackson “Alex” Blalock is a Research Assistant and
undergraduate student majoring in economics and
nance at Creighton University.
Appendix D - Researchers’ Biographies
