Category Archives: Death Penalty

A Sign of the Times – Nebraska Repeals the Death Penalty

"Old Main" NM State Penitentiary

Yesterday Nebraska became the latest state to repeal the death penalty. While this is encouraging as states in recent years have ended this barbaric practice, what is even more encouraging and unusual is the fact that Nebraska is a red state. Nebraska is the first predominately conservative state in 40 years to repeal the death penalty. This isn’t to say that all conservatives were on board with the repeal. Republican Governor Pete Ricketts vetoed the repeal but supporters overrode the veto with the minimum number of votes required by 30 to 19 (conservatives accounted for 18 of the votes in favor of repeal).

Pema Levy writing for Mother Jones elaborates:

Today’s vote makes Nebraska “the first predominantly Republican state to abolish the death penalty in more than 40 years,” said Robert Dunham, executive director of the Death Penalty Information Center, in a statement shortly after the vote. Dunham’s statement singled out conservatives for rallying against the death penalty and said their work in Nebraska is “part of an emerging trend in the Republican Party.” (Nebraska has a unicameral, nonpartisan legislature, so lawmakers do not have official party affiliations.)


“I think this will become more common,” Marc Hyden, national coordinator of Conservatives Concerned About the Death Penalty, said in a statement following the repeal vote. “Conservatives have sponsored repeal bills in Kansas, Montana, Wyoming, South Dakota, Missouri, and Kentucky in recent years.”

The article goes on to point out that in the most recent Pew survey that 77% of Republicans support the death penalty. My question is, why? Fellow Liberty Papers contributor Albert Northup made a compelling case earlier this year as to why conservatives and libertarians should oppose the death penalty:

Are you pro-life? Opposed to big government? Do you believe in reducing government spending? Do you support the death penalty? If you answered yes to all of these questions, then you may want to re-think your position on the death penalty. As supporters of life, liberty, property, and limited government, I believe that all conservatives and libertarians should oppose the death penalty.

I couldn’t agree more. Perhaps more conservatives will come around to this more logically, philosophically consistent position.

Why Conservatives and Libertarians Should Oppose the Death Penalty

"Old Main" NM State Penitentiary

Are you pro-life? Opposed to big government? Do you believe in reducing government spending? Do you support the death penalty? If you answered yes to all of these questions, then you may want to re-think your position on the death penalty. As supporters of life, liberty, property, and limited government, I believe that all conservatives and libertarians should oppose the death penalty.

Conservative Death Penalty

I used to be a staunch supporter of the death penalty. I firmly believed that one should repay an “eye for an eye” or a “life for a life.” I can remember exactly where I was when I reformed these beliefs. It was on January 23, 2006 and I was participating in the March for Life in Washington DC. As I was walking down Pennsylvania Ave, I noticed a sign that read: “Pro-Life No Exceptions.” I thought back to the many debates with my girlfriend at the time, when she would ask me how I could be pro-life but still support the death penalty. Being pro-life, I had to ask myself, “how could I say that I support life, but support the state-sanctioned taking of life?”

Cost of the Death Penalty

Furthermore, as someone who believes in limited government, I also had to ask myself another important question. “If I don’t trust the government to make decisions about my wallet, how can I trust the government to make decisions about killing people?” Crazy, right? Oftentimes, we conservatives and libertarians rail against government spending, and rightfully so. So why do we still overwhelmingly support a policy that costs taxpayers about four times more than cases where the death penalty is not involved?

This figure only takes into account the cost of trial. We also have to take into account the costs for appeals and to house prisoners. According to Forbes:

And let’s not forget about appeals: in Idaho, the State Appellate Public Defenders office spent about 44 times more time on a typical death penalty appeal than on a life sentence appeal (downloads as a pdf): almost 8,000 hours per capital defendant compared to about 180 hours per non-death penalty defendant. New York state projected that the death penalty costs the state $1.8 million per case just through trial and initial appeal.
It costs more to house death penalty prisoners, as well. In Kansas, housing prisoners on death row costs more than twice as much per year ($49,380) as for prisoners in the general population ($24,690). In California, incarceration costs for death penalty prisoners totaled more than $1 billion from 1978 to 2011 (total costs outside of incarceration were another $3 billion). By the numbers, the annual cost of the death penalty in the state of California is $137 million compared to the cost of lifetime incarceration of $11.5 million.


The Death Penalty and Crime Deterrence

I often hear the argument that the death penalty is the best method of reducing the murder rate. After all, if one is facing the threat of death, one would be less likely to commit murder, right? Well, according to the Death Penalty Information Center, states which impose the death penalty had an average of 4.4 murders per 100,000 people as opposed to only 3.4 murders per 100,000 people in non-death penalty states.

Death Penalty

Furthermore, let’s look at the murder rate based on region. According to the Death Penalty Information Center, the South consistently has the highest murder rate per capita, yet they have, by far, the most executions (as the chart shows below) since the death penalty was reinstated by the Supreme Court in Gregg v. Georgia in 1976.


REGION 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 EXECUTIONS SINCE 1976(As of 11/19/14)
South 5.3 5.5 5.5 5.6 6.1 6.6 7.0 6.8 6.6 6.6 6.9 6.8 6.7 1133
Midwest 4.5 4.7 4.5 4.4 4.6 4.8 4.9 5.0 4.9 4.7 4.9 5.1 5.3 170
West 4.0 4.2 4.2 4.2 4.6 5.0 5.3 5.6 5.8 5.7 5.7 5.7 5.5 85
Northeast 3.5 3.8 3.9 4.2 3.8 4.2 4.1 4.5 4.4 4.2 4.2 4.1 4.2 4
NATIONAL RATE 4.5 4.7 4.7 4.8 5.0 5.4 5.6 5.7 5.6 5.5 5.7 5.6 5.6

If the death penalty is a deterrent for crime, shouldn’t the states with the most executions have the lowest murder rate per capita?

The Death Penalty and The InnocentJackson Innocent

According to the Innocence Project, at least ten people have been executed in cases where there is evidence that may exonerate them. Since 1973, 150 people on death row have been exonerated through new evidence and been pardoned, acquitted by a new trial, or had their charges dismissed. In 2014 alone, seven death-row inmates were exonerated including Ricky Jackson and Wiley Bridgeman, who were convicted of murder in 1975. These men spent 39 years on death row, their entire adult lives. Yet if supporters of the death penalty had their way, these men would have been executed 38 years ago.

I prefer to adhere to the saying by conservative jurist Sir BlackstoneWilliam Blackstone that “It is better that ten guilty persons escape than that one innocent suffer.”


Albert holds a J.D. from Barry University School of Law as well as an MBA and BA in Political Science from The University of Central Florida. He is a conservative libertarian and his interests include judicial politics, criminal procedure, and elections. He has one son, named Albert, and a black lab puppy, named Lincoln. In his spare time, he plays and coaches soccer.

Quote of the Day: A Question for “Pro-Life” Death Penalty Advocates Edition

Matthew DesOrmeaux over at United Liberty poses a very important question to those in the “pro-life” community who support the death penalty. This question comes in response to a South Carolina judge vacating the conviction of George Stinney Jr. who was executed at the age of 14 in 1944.

Is the execution of an innocent person, even a child, enough to undermine faith in the criminal justice system as a whole, and capital punishment in particular? If one error is not convincing enough, is there some acceptable level of innocent life ended at the hands of the state (or their peers, if that makes you feel better) that would change your mind? Or is the (spurious) deterrent factor of the death penalty or faith in the process, regardless of further evidence, so strong as to make all wrongful convictions and executions irrelevant?

I’ve already seen one person respond in the comments section to the effect “Well that was during Jim Crow [1]; our criminal justice system is so much better now.”

Even as cynical as I am about the American criminal justice system, I believe it’s fair to say that there has been some improvements since 1944. I cannot imagine a 14 year-old being executed in 2014 (someone with the mental capacity of less than a 14 year-old…sadly yes but not an actual 14 year-old). DesOrmeaux’s overall point is relevant as the National Academy of Sciences found that currently 1 in 25 death row prisoners is innocent.

With the learning curve so steep for supporters of capital punishment, at this rate it will be 2074 by the time a Texas judge admits that Rick Perry allowed (likely innocent) Cameron Todd Willingham to be executed on his watch.

[1] For what it’s worth, George Stinney Jr. was black.

Hey FCKH8, I Have a Few ‘F-Bombs’ of My Own!

If you thought modern progressive feminists couldn’t be any more childish, you haven’t seen FCKH8’s latest viral video entitled: “F-Bombs for Feminism: Potty-Mouthed Princesses Use Bad Word for Good Cause.”

In the video (below), girls aged six to thirteen repeat progressive feminist bromides and talking points along with some F-bombs (as advertised) in an attempt to get this message to go viral (mission accomplished). As expected, the response by many is to be offended by having these ‘princesses’ use such foul language for any reason.

Personally, I think the whole thing is awful. I don’t like it when children are used for any cause foisted on children by adults, regardless of how noble the cause might be. It even turns my stomach a little when I see politicians use their own children in their campaign ads. It’s even more tacky to hear children speak about such things they most likely have no clue about. My daughter is pretty intelligent and the same age as some of these girls but I’m fairly sure she doesn’t even think about the ‘equal pay’ or ‘rape culture.’ Why should she? She’s nine years-old for crying out loud!*

So here’s the full uncensored version. If this is too much for your ears to handle, go here for the censored version.

Now, wasn’t that just precious!

More important than the shock value of elementary shool girls cursing like sailors…are the things these girls saying true? For the most part, no, these are the same old progressive feminist myths repackaged yet again. I’ve already dealt with the ‘equal pay for equal work’ nonsense here and here. You can also read this article 5 Feminist Myths that Will Not Die. I’ll let Julie Borowski take care of the rest as only Julie Borowski can – dropping her own F-bombs (Fact bombs, I should say) without actually cursing.

I have a few other F-bombs about gender disparities progressive feminists almost never bring up (and I’ll do so without exploiting any elementary age children to make my points):

A young man is required by law to sign up for Selective Service by his 18th birthday. In the event Congress decides to reinstate the draft, men exclusively are conscripted to risk life or limb for ‘his country.’ Also, of those who have died in all the U.S. wars (declared and undeclared) since the American Revolution, 99.99% were men. When men’s rights activists say that society has long decided that men are the ‘disposable gender’ this is one example of what they are talking about.

When young girls are circumcised we call it ‘genital mutilation’ and we are rightly scandalized by this barbaric practice. When baby boys have their genitals mutilated, we call it circumcision because either the boy should ‘look like his father’ or because some women prefer their partner to be circumcised. So much for ‘my body, my choice.’ And imagine the outrage if even one man said that because he preferred the look of a woman’s vagina without a clitorous, baby girls should have it removed?

When it comes to parenting and divorce, mothers get custody of the children roughly 84% of the time.

Let’s call this the gender ‘crime/time’ gap. For Similar crimes under similar circumstances, on average women serve 18.51 months vs. 51.52 months for men.

Since 1976, 15 women (2.9% of the executions) have been executed even though women are responsible for 10% of murders. While I am unapologetically opposed to the death penalty, as long as this barbaric practice is part of the system, this punishment should be an equal opportunity punishment without regard to sex, race, religion, economic or political status, or creed.

At least 3 states (California, Tennessee, and Kansas) require men to pay child support to his statutory rapist.

I could go on but I think I have made my point. There is inequality between the genders and both have their challenges. Personally, I would like to look at the individual rather than who is on ‘team penis’ or ‘team vagina.’ But first, we need to elevate the debate above the elementary school playground.

*This isn’t to suggest she isn’t already very opinionated or doesn’t care about important issues. That’s right, my daughter already has an issue she cares deeply about. Her issue: the alarming decline of the ‘big cat’ populations. According to National Geographic, there are as few as 3,000 tigers, 7,500 snow leopards, 10,000 cheetahs, and 30,000 lions left in the wild. I had no idea about this until my daughter started writing out a script she wanted to read over the intercom at her elementary school to collect money to help ‘save the big cats.’ I suggested that she should ask for donations to the local big cat sanctuary for her birthday instead of presents. Would you believe she was actually thrilled with this idea and followed through? I couldn’t be more proud of her. If she wanted to make a viral video about saving the big cats, I might make an exception to my ‘no kids’ rule because this is an issue that she actually cares about.

One Out of 25 Prisoners on Death Row is Innocent

Benjamin Franklin once argued: “It is better 100 guilty persons should escape than that one innocent person should suffer.” The purpose of courts as drafted in the Constitution was to minimize the occurrences innocent people from “suffering” via an adversarial system in which the accused is considered innocent until proven guilty to a jury of his or her peers.

Regardless of these lofty goals, the question must be asked: how well has this system worked?

If the standard is that of Franklin’s (i.e. less than 1%), then the idea that a rate of 1 in 25 death row convicts are likely innocent is clearly unacceptable. According to a study by the National Academy of Sciences, to the best the researchers were able to determine, this about what the rate is.

Pete Yost for the Associated Press reports:

From 1973 to 2004, 1.6 percent of those sentenced to death in the U.S. — 138 prisoners — were exonerated and released because of innocence.

But the great majority of innocent people who are sentenced to death are never identified and freed, says professor Samuel Gross of the University of Michigan Law School, the study’s lead author.

The difficulty in identifying innocent inmates stems from the fact that more than 60 percent of prisoners in death penalty cases ultimately are removed from death row and resentenced to life imprisonment. Once that happens, their cases no longer receive the exhaustive reviews that the legal system provides for those on death row.
Because of various assumptions, it might be best to use the margin of error in the study and say the innocence rate is probably between 2.8 percent and 5.2 percent, said University of South Carolina statistics professor John Grego, who wasn’t part of the study.
“The high rate of exoneration among death-sentenced defendants appears to be driven by the threat of execution,” says the study. “But most death-sentenced defendants are removed from death row and resentenced to life imprisonment, after which the likelihood of exoneration drops sharply.” The study estimates that if all defendants sentenced to death remained in that status, “at least 4.1 percent would be exonerated. We conclude that this is a conservative estimate of the proportion of false conviction among death sentences in the United States.”

I have to say that, even as a fierce opponent of the death penalty, I would have never guessed the number of innocent individuals on death row to be this high. I was horrified by the notion that 1 in 100 or even 1 in 1,000 such individuals could be killed by the state, but 1 in 25?

This brings me to my question for those who support state sanctioned killing: is this an acceptable error rate to you? How many innocent people are we willing to sacrifice in order to kill the most heinous of individuals? Based on this study, the current policy is that we are apparently at peace with the idea of killing 4 innocent people to kill 96 guilty.

This is a price that a free and just country should be unwilling to pay.

1 2 3 10