Recently, the Colorado House passed HB 09-1274 to abolish the death penalty in Colorado. It now heads to the Senate for debate. Ostensibly, the "savings" from not having inmates on death row will help research "cold-cases". The Post reports:
House Majority Leader Paul Weissmann, a Louisville Democrat who is the bill's sponsor, said more than 1,000 homicides have gone unsolved in Colorado over the past 40 years, during which Colorado has executed only one convict. He said more than $800,000 in saved money would be left over every year after the state funds the cold-case unit.
"We ought to fund the unit we created two years ago to try to solve some of those unsolved crimes," [ Paul ] Weissmann said.
The "savings" numbers that Paul Weissmann quotes seem dubious. Can we really fund the cold case unit and save $800,000 per year from moving the two prisoners on Colorado's death row to the general prison population? A true present-worth comparison would compare the costs of someone living an entire life in prison versus the twenty years of prison and appeals prior to execution. It does not appear that Weissmann's bill does that.
David K. Williams at BlueCarp points to this Denver Post story as a better rationale for death penalty abolition.
An El Paso County judge has ordered a new trial for a man convicted of double homicide, saying that DNA and other newly discovered evidence could acquit him.
Tim Kennedy, 52, was convicted in 1997 and sentenced to 50 years for the murders of Jennifer Carpenter, 15, and her boyfriend, Steve Staskiewicz, 37.
"The case starts over now, so we will be preparing for trial if the DA wants to proceed. That remains to be seen," said Kennedy's attorney, John Dicke.
David K. Williams makes a much better case for death penalty abolition than Weissmann's.
This is a blatant, immoral breach of the public trust. For some reason, prosecutors get caught up in the "game" to win a case at any cost instead of providing "potentially exculpatory evidence" to the defense. Our legal system is set up on the presumption of innocence. Prosecutors who violate this maxim just to score a conviction should be penalized and disbarred for their unethical, unprofessional behavior.
With the vast improvement of DNA and other technologies that help provide evidence of innocence, courts are overturning many old convictions. While "beyond a reasonable doubt" may be okay for a jury to convict someone of a crime, for death penalty cases, the standard must be higher as the State chooses to deprive the accused of not only liberty and the pursuit of happiness, but his life!
There is always some give-and-take as society balances civil liberties and law-and-order. However, one must error on the side of civil liberties in most instances. Therefore, I support the principle of abolition of the death penalty, if not the flawed fiscal rationale behind it.
by Civil Sense