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Study: Death penalty costlier than life sentences Kevin Fagan, Chronicle Staff Writer
San Francisco Chronicle June 20, 2011 03:48 PM Copyright San Francisco Chronicle. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Tuesday, June 21, 2011

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More Bay Area NewsMan fatally shot while driving in Oakland 06.21.11San Jose garage shooting victim is IDd 06.21.11Court sides with Walmart on sex-bias suit 06.21.11First heat wave brings Spare the Air alert 06.21.11
SAN FRANCISCO -- Maintaining the death penalty in California costs at least $184 million more a year than it would simply to leave killers in prison for life, and the average wait for a prisoner between conviction and execution has grown to more than 25 years, a report due to be released next week says.
The three-year study by a federal judge and a law professor also found that California taxpayers have spent an average of $308 million for each of the 13 executions conducted since capital punishment was reinstated in the state in 1978.
The study was conducted by Judge Arthur Alarcon, who sits on the Ninth U.S. Circuit Court of Appeals, and his law clerk, Loyola Law School Professor Paula Mitchell, who spent three years examining federal, state and local costs associated with capital punishment.
Several other reports in recent years, including one in 2009 by the American Civil Liberties Union of Northern California, have also concluded that executing prisoners is far more expensive than incarcerating them for life.
At the end of their 224-page report, Alarcon and Mitchell suggest that voters change the capital punishment system through an initiative, either to streamline the legal appeals and conviction process or to do away with executions altogether.
"We're not in the business of drafting initiatives, but we do propose ways the voters should consider to remedy this horrible situation," Mitchell said Monday. "We really wanted for this study to be academic and objective and to leave aside the question of morality over the death penalty so that voters can focus clearly on what they are spending.
"If people really knew what the death penalty costs us," Mitchell added, "I doubt they would want to continue it."
Mitchell said she opposes capital punishment, but her co-author does not.
Most surveys in the state, including a 2010 Field Poll, show continuing support for the death penalty. However, there have been no executions in California since 2006 because of legal challenges over whether the state's execution procedures violated the Constitution's ban on cruel and unusual punishment.
In reaction to the report, state Sen. Loni Hancock, D-Oakland, said she will introduce legislation next week that could lead to a ban on capital punishment. Her bill would generate an initiative proposing that voters abolish executions and convert existing death sentences to life without possibility of parole.
Kent Scheidegger, legal director of the Criminal Justice Legal Foundation in Sacramento, which favors capital punishment, said the new report has "some good points, but it misses others."
He said the study was right to explore the Legislature's refusal to pass changes that would streamline the process, but disagreed that abolishing the death penalty was an acceptable alternative to simply making capital punishment more efficient.
E-mail Kevin Fagan at kfagan@sfchronicle.com.
This article appeared on page
C - 3 of the San Francisco Chronicle

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Subscribe to the San Francisco Chronicle and get a gift:Sunday + a $15 gift cardFri-Sun + a $15 gift cardMon-Sun + a $25 gift card Study: Death penalty costlier than life sentences Articles Maintaining the death penalty in California costs at least $184 million more a year than it would simply to leave killers in prison for life, and the average wait for a prisoner between conviction and execution has...

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