Wednesday, April 01, 2009

Sister Catherine Nichol (Billings), Letter: Death penalty isn't the Christian way, Billings Gazette, April 01, 2009

To: Montana Legislators and Media

Re: Sister Catherine Nichol (Billings), Letter: Death penalty isn't the Christian way, Billings Gazette, April 01, 2009

From:  Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom   

The Sister made a number of errors common to anti-death penalty folks. With many of the religious, they only review the anti-death penalty literature and refuse to fact check it. For Church leadership and for this debate, that represents a disservice to the truth, as well as to their flock.

1) The Sister contends that those Christians who support the death penalty are "people (that are) stalled in the Old Testament." "We read in the Bible, 'Jesus said, You have heard it said, 'An eye for an eye,' etc., 'but I say to you ...' " No! In effect, "Love one another" can't be kill one another."

REPLY: There is almost no end to the Saints, Popes, biblical and theological scholars who find New Testament support for the death penalty - Saints Thomas Aquinas and Augustine, for two.

Review: (updated Nov. 2023)
Religion and The Death Penalty

2) The Sister claims: "There's a much better option - life imprisonment with no parole. Many outstanding members of the clergy have already testified to this."

REPLY: There is no "better" about life without parole. It is a decidedly different sanction than the death penalty. Juries have the option, between those two sanctions, thereby allowing them to choose what they find as the better of the two, for the crime before them. Neither the Sister nor those clergymen have expressed why locking up one another for life so expresses "love one another". Biblically, there is a well known distinction between how we, personally, respond to those who harm us and how the government should respond to those criminals who harm the innocent.

3) The Sister states: "That no mistakes have been made is a mistake to claim. Other states have discovered their fatal errors."

REPLY: Which states, Sister? There is no proof of an innocent executed in the US, at least since 1900. The evidence is that the death penalty is a superior protector of innocents, over a life sentence.

Review:  updated Nov 2023
and 
Deterrence, Death Penalties & Executions

4) The Sister states: "As to economics, it simply doesn't hold water to claim that a life sentence is more expensive than a death sentence. Researched data has disproved that position."

REPLY: Well, no. Some studies are simply horrible in their lack of thoroughness. And, if all states imposed the death penalty as does Virginia, then true life cases would, almost always, be more expensive than the death penalty.

Review: "Cost Savings: The Death Penalty" first comment at

http://www.flatheadbeacon.com/articles/article/governor_keeping_close_eye_on_death_penalty_debate/8764/

5) Let us hope and pray that Montana can join the "leadership" in our country on this issue with abolishment of the death penalty!

REPLY: It is very likely that the Sister has no clue as to what horrid "leadership" that has been.

Please review:

"Rebuttal to Governor Richardson - Repeal of the Death Penalty in New Mexico"

http://homicidesurvivors.com/2009/03/19/rebuttal-to-governor-richardson--repeal-of-the-death-penalty-in-new-mexico.aspx

"Why did Gov. Richardson repeal the death penalty? His legacy"

http://homicidesurvivors.com/2009/03/31/why-did-gov-richardson-repeal-the-death-penalty-his-legacy.aspx

"DEAD WRONG: NJ Death Penalty Study Commission"

Response, at bottom. One of four response to New Jersey Assembly Speaker Roberts.

http://hallnj.blogspot.com/2007/12/case-for-repealing-death-penalty.html

======
600+ pro death penalty quotes from murder victims' families &
3300+ from some of the greatest thinkers in history
http://prodpquotes.info/ 
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Research, with sources, fact checking, vetting & critical thinking, as required of anyone within a public policy debate and which rebut all anti-death penalty claims.
 
Most will realize that the media has been using only anti-death penalty claims and then, failed to fact check, vet, not use critical thinking, with that research, while avoiding all pro-death penalty research and experts, for decades. How do I know most will realize this? Because they wouldn't have seen any of this, prior:
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
(7 pro-death penalty experts listed)
Posted by at

Monday, March 23, 2009

Death Penalty, Deterrence & Murder Rates: Let's be clear

Death Penalty, Deterrence & Murder Rates: Let's be clear

by Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom

updated 11/2021

There is a constant within all jurisdictions -- negative consequences will always deter some. Whether a jurisdiction with high murder rates or low ones, rather rising or lowering rates, the presence of the death penalty will produce fewer net murders, the absence of the death penalty will produce more net murders.

In their story, "States With No Death Penalty Share Lower Homicide Rates", The New York Times did their best to illustrate that the death penalty was not a deterrent, by showing that the average murder rate in death penalty states was higher than the average rate in non death penalty states and, it is. (1)

What the Times failed to observe is that their own study confirmed that you can't simply compare those averages to make that determination regarding deterrence.

As one observer stated: 

"The Times story does nothing more than repeat the dumbest of all dumb mistakes — taking the murder rate in a traditionally high-homicide state with capital punishment (like Texas) and comparing it to a traditionally low-homicide state with no death penalty (like North Dakota) and concluding that the death penalty doesn't work at all. Even this comparison doesn't work so well. The Times own graph shows Texas, where murder rates were 40 percent above Michigan's in 1991, has now fallen below Michigan . . .". (2)

Within the Times article, Michigan Governor John Engler states, "I think Michigan made a wise decision 150 years ago," referring to the state's abolition of the death penalty in 1846. "We're pretty proud of the fact that we don't have the death penalty."(3)

Even though easily observed on the Times' own graphics, they failed to mention the obvious:

Michigan's murder rate is near or above that of 31 of the US's 38 death penalty states. And then, it should be recognized that Washington, DC (not found within the Times study) and Detroit, Michigan, two non death penalty jurisdictions, have been perennial leaders in murder and violent crime rates for the past 30 years and . . .

Delaware, a jurisdiction similar in size to them, leads the nation in executions per murder, but has significantly lower rates of murders and violent crime than do either DC or Detroit, during that same period.

Obviously, the Times study and any other simple comparison of jurisdictions with and without the death penalty, means little, with regard to deterrence.

Also revealed within the Times study, but not pointed out by them,: 

"One-third of the nation's executions take place in Texas—and the steepest decline in homicides has occurred in Texas, Oklahoma, Louisiana and Arkansas, which together account for nearly half the nation's executions." (4)

And, the Times also failed to mention that the major US jurisdiction with the most executions is Harris County (Houston, Texas), which has seen a 73% decrease in murder rates since resuming executions in 1982 -- possibly the largest reduction for a major metropolitan area since that time.

Also omitted from the Times review, although they had the data, is that during a virtual cessation of executions, from 1966-1980, that murders more than doubled in the US. Any other rise and fall in murders, after that time, has been only a fraction of that change, indicating a strong and direct correlation between the lack of executions and the dramatic increase in murders, if that is specifically what you are looking for.

If deterrence was measured by direct correlation's between execution, or the lack thereof, and murder rates, as implied by the Times article, and as wrongly assumed by those blindly accepting that model, then there would be no debate, only more confusion. Which may have been the Times' goal.

Let's take a look at the science.

Some non death penalty jurisdictions, such as South Africa and Mexico lead the world in murder and violent crime rates. But then some non death penalty jurisdictions, such as Sweden, have quite low rates. Then there are such death penalty jurisdictions as Japan and Singapore which have low rates of such crime. But then other death penalty jurisdictions, such as Rwanda and Louisiana, that have high rates.

To which an astute observer will respond: 

But socially, culturally, geographically, legally, historically and in many other ways, all of those jurisdictions are very different. Exactly, a simple comparison of only execution rates and murder rates cannot tell the tale of deterrence. And within the US, between states, there exist many variables which will effect the rates of homicides.

See REVIEW, below

And, as so well illustrated by the Times graphics, a non death penalty state, such as Michigan has high murder rates and another non death penalty state, such as North Dakota, has low murder rates and then there are death penalty states, such as Louisiana, with high murder rates and death penalty states, such South Dakota, with low rates. 

Apparently, unbeknownst to the Times, within their own study, but quite obvious to any neutral observer, there are other factors at play here, not just the presence or absence of the death penalty. Most thinking folks already knew that . . . but, not the Times.

As Economics Professor Ehrlich stated in the Times piece and, as accepted by all knowledgeable parties, there are many factors involved in such evaluations. That is why there is a wide variation of crime rates both within and between some death penalty and non death penalty jurisdictions, and small variations within and between others. Any direct comparison of only execution rates and only murder rates, to determine deterrence, would reflect either ignorance or deception.

Ehrlich called the Times study 

"a throwback to the vintage 1960s statistical analyses done by criminologists who compared murder rates in neighboring states where capital punishment was either legal or illegal." "The statistics involved in such comparisons have long been recognized as devoid of scientific merit." He called the Times story a "one sided affair" devoid of merit. 

Most interesting is that Ehrlich was interviewed by the Time's writer, Fessenden, who asked Ehrlich to comment on the results before the story was published. Somehow Ehrlich's overwhelming criticisms were left out of the article.

Ehrlich also referred Fessenden to some professors who produced the recently released Emory study. Emory Economics department head, Prof. Deshbakhsh "says he was contacted by Fessenden, and he indicated to the Times reporter that the study suggested a very strong deterrent effect of capital punishment." 

Somehow, Fessenden's left that out of the Times story, as well. (5).

An analogy. Consider smoking. Whether a jurisdiction has high smoking rates or low ones, rather rising or lowering rates, the knowledge of medical problems from smoking will produce fewer net smokers, the absence of any medical problems from smoking would produce more net smokers.

It is the same for all prospects of a negative outcome - they all deter some.

Maybe the Times will be a bit more thoughtful, next time.

REVIEW

"The List: Murder Capitals of the World", 09/08, Foreign Policy Magazine
Capital punishment (cp) or not (ncp)
murder rates/100,000 population

4 out of the top 5 do not have the death penalty

1. Caracas (ncp), Venezuela 130-160
Bad policing.
2. New Orleans (cp), La, USA 69-95
Variable because of different counts in surging population. Drug related.
Nos 2 & 3 in US, Detroit (ncp), 46 and Baltimore (cp), 45.
3. Cape Town (ncp), South Africa 62
Most crimes with people who know each other.
4. Port Mores (ncp), Papua New Guinea 54
Chinese gangs, corrupt policing
5. Moscow (ncp), Russia 9.6
various

Of the Top 10 Countries With Lowest Murder Rates (1), 7 have the death penalty

O f the Top 10 Countries With Highest Murder Rates (2), 5 have the death penalty

Top 10 Countries With Lowest Murder Rates
Iceland 0.00 ncp
Senegal 0.33 ncp
Burkina Faso 0.38 cp
Cameroon 0.38 cp
Finland 0.71 ncp
Gambia 0.71 cp
Mali 0.71 cp
Saudi Arabia 0.71 cp
Mauritania 0.76 cp
Oman cp


Top 10 Countries With Highest Murder Rates
Honduras 154.02 ncp
South Africa 121.91 ncp
Swaziland 93.32 cp
Colombia 69.98 ncp
Lesotho 50.41 cp
Rwanda 45.08 ncp
Jamaica 37.21 cp
El. Salvador 36.88 cp
Venezuela 33.20 ncp
Bolivia 31.98 cp

(1) http://www.mapsofworld.com/world-top-ten/countries-with-lowest-murder-rates.html no date

(2) http://www.mapsofworld.com/world-top-ten/countries-with-highest-murder-rates.html no date


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3300+ pro death penalty quotes, from some of the greatest thinkers in history, inclusive of 600+ quotes from victim's families
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FOOTNOTES

1) "States With No Death Penalty Share Lower Homicide Rates", The New
York Times 9/22/00 located at
www.nytimes.com/2000/09/22/national/22STUD.html and
www.nytimes.com/2000/09/22/national/22DEAT.html

2) “Don't Know Much About Calculus: The (New York) Times flunks high-school
math in death-penalty piece", William Tucker, National Review, 9/22/00, located
at www.nationalreview.com/comment/comment092200c.shtml

3) ibid, see footnote 11

4) "The Death Penalty Saves Lives", AIM Report, August 2000, located atwww (dot) aim.org/publications/aim_report/2000/08a.html

5) "NEW YORK TIMES UNDER FIRE AGAIN", Accuracy in Media, 10/16/00, go to
www.aim.org/

copyright 2000-2012 Dudley Sharp: Permission for distribution of this document, in whole or in part, is approved with proper attribution.

Related Issues:

OF COURSE THE DEATH PENALTY DETERS
http://prodpinnc.blogspot.com/2013/03/of-course-death-penalty-deters.html

LIFE: MUCH PREFERRED OVER EXECUTION:
99.7% of murderers tells us "Give me life, not execution"
http://prodpinnc.blogspot.com/2012/11/life-much-preferred-over-execution.html

See sections C and D within
The Death Penalty: Saving More Innocent Lives
http://prodpinnc.blogspot.com/2012/03/death-penalty-saving-more-innocent.html

"DEATH PENALTY DETERRENCE CLARIFIED"
http://prodpinnc.blogspot.com/2012/12/death-penalty-deterrence-clarified.html

DETERRENCE, THE DEATH PENALTY & MURDER RATES
http://prodpinnc.blogspot.com/2012/12/deterrence-death-penalty-murder-rates.html


The Death Penalty: Do Innocents Matter?


Innocents More At Risk Without Death Penalty
http://prodpinnc.blogspot.com/2012/03/innocents-more-at-risk-without-death.html 
 
======
600+ pro death penalty quotes from murder victims' families &
3300+ from some of the greatest thinkers in history
http://prodpquotes.info/ 
====== 
======
 
Research, with sources, fact checking, vetting & critical thinking, as required of anyone within a public policy debate and which rebut all anti-death penalty claims.
 
Most will realize that the media has been using only anti-death penalty claims and then, failed to fact check, vet, not use critical thinking, with that research, while avoiding all pro-death penalty research and experts, for decades. How do I know most will realize this? Because they wouldn't have seen any of this, prior:
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
(7 pro-death penalty experts listed)
Posted by at

Thursday, March 19, 2009

Repeal of the Death Penalty in New Mexico

SETTING THE RECORD STRAIGHT: A Rebuttal to Governor Richardson
Repeal of the Death Penalty in New Mexico

From:  Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom   

1) Gov. Bill Richardson states: "Faced with the reality that our system for imposing the death penalty can never be perfect, my conscience compels me to replace the death penalty with a solution that keeps society safe." (1)

REBUTTAL: There is no proof of an innocent executed in the US since 1900. There is overwhelming proof that many thousands of innocents have been murdered because of the lack of perfection in parole, probation, early release, prison/jail management etc.

Why did the Governor choose to end that criminal justice practice - the death penalty - which may be the least likely to result in innocent deaths?

Lack of perfection had nothing to do with his decision.

In addition, the death penalty protects innocents at a higher level than does a life sentence. (FOOTNOTE: "Death penalty repeal arguments are false" paragraph 2 & 3).

No one disputes that the death penalty has greater due process than lesser sentences - meaning that actual innocents, serving life, are more likely to die in prison than are actual innocents likely to be executed.

2) Governor Richardson stated: "The bill I am signing today .. . replaces the death penalty with true life without the possibility of parole – a sentence that ensures violent criminals are locked away from society forever .. . ." . (1)

REBUTTAL: Governor Richardson knows that there is no such thing as true life without "possibility" of parole.

The only absolute with sentencing is that the executive branch, a Governor or President, can commute any sentence and release criminals, early - as Governor Richardson did, in Nov. 2004, when he commuted Janet Vigil's "life" case. (2)

How quickly he "forgot".

Gov. Richardson's buddy, former New Mexico Gov. Toney Anaya, commuted William Wayne Gilbert's death sentence in 1986.

Gilbert led a 7 inmate prison escape, a few months later, where Gilbert shot a guard. (3)

Gilbert had previously murdered " . . . his wife, Carol; a newlywed couple, Kenn and Noel Johnson, and a young model, Barbara McMullen. He bragged of other murders, as well. 'It was very easy to kill," he said. "It's almost like it's the night before Christmas when you're 5 years old.' "

Hardly a great candidate for commutation. But, this commutation wasn't about the criminal or about the citizens of New Mexico. It was all about Gov. Anaya. His commutations of all death row, had nothing to do with allegations of protecting innocents - it did just the opposite, of course - he just didn't like the death penalty and he takes no responsibility for the outcome.

In addition, legislatures can write new laws which, retroactively, reduce sentences already given.

Gov. Richardson is aware that states around the US are, now, doing just that, as more consider reducing life sentences to save money by releasing lifers, early.

3) The Governor stated: "More than 130 death row inmates have been exonerated in the past 10 years in this country, including four New Mexicans – a fact I cannot ignore." (1)

REBUTTAL: The Governor has been informed, repeatedly, that the 130 exonerated is a complete fraud, as has been well documented by many and presented to the Governor, often (FOOTNOTE, paragraph 3). Not only is he not ignoring this deception, he is advancing it, even when it is so easy to disprove. Governor, how many innocents were harmed and murdered because of the lack of perfection in parole, probation, early release, prison/jail management etc.?
---------

4) What about law enforcements' concerns?

"The New Mexico Sheriffs' and Police Association opposed repeal, saying capital punishment deters violence against police officers, jailers and prison guards. District attorneys also opposed the legislation, arguing that the death penalty was a useful prosecutorial tool." (4)

They told the Governor that the death penalty saves lives and helped solve cases.

The Governor conceded that "the death penalty may be a deterrent"(1), thereby telling us that the death penalty is more likely to save innocent lives than it is to take them.

He also conceded that by repealing the death penalty he was taken away a tool for law enforcement. (1) He didn't speculate how many innocent lives he was sacrificing by ending that tool.

We may never know why he really ended the death penalty. We do know that it had nothing to do with saving innocent lives.

"Bernalillo County Sheriff Darren White said law enforcement officers have 'lost a layer of protection and it's a sad day in New Mexico.' " (4)

(1) Gov. Bill Richardson's statement on signing the repeal of New Mexico's death penalty (3/18/09)

(2) " In Loving Memory of Estevan Vigil", http://www.nmsoh.org/vigil_estevan_mem.htm

(3) "Let Loose by the Governor", The Justice Story, The New York Daily News, 3/11/07
http://www.nydailynews.com/news/ny_crime/2007/03/11/2007-03-11_let_loose_by_the_governor.html

(4) "New Mexico governor signs measure to abolish death penalty"
DEBORAH BAKER, Associated Press Writer, Originally published Wednesday, March 18, 2009 at 5:21 PM

-----------------------------------------

FOOTNOTE: "Death penalty repeal arguments are false"

In a message dated 3/17/2009 4:37:39 P.M. Central Daylight Time, Sharpjfa writes:

To: Governor Richardson, staff and cabinet and
Corrections Department and Police Agencies and media throughout New Mexico

From: Dudley Sharp, contact info, below

Dear Honorable Governor Richardson:

In addition to all of the pro-repeal arguments being weak or false (see below), the death penalty should remain as the just sanction for some of the worst crimes.

JUSTICE: The death penalty should remain in New Mexico because of justice. New Mexico is currently investigating serial murders which, to date, have reached 14 victims. Leave the death penalty option up to New Mexico jurors, for such cases as this, as well as the rape/murder of children and the murder of police officers and correction workers and other crimes.

1) COST SAVINGS

The LFC fiscal evaluation wrongly found the North Carolina death penalty more expensive than a 20 year "life" sentence. It wasn't. The was the only study cited (1)

Reasonable and responsible protocols, currently in use, will produce a death penalty which will cost less or no more than LWOP. (2)

Example: Virginia executes in 5-7 years; 65% of those sentenced to death have been executed; 15% of their death penalty cases are overturned. With the high costs of long term imprisonment, a true life sentence will be more expensive than such a death penalty protocol. (2)

Most cost studies suffer from major problems, such as a) not crediting the death penalty for allowing plea bargains to a true life sentence ( $300,000 to $1 million savings or more, for each plea); 2) not including geriatric care for life sentences (cost of $60,000-$90, 000/year/inmate); c) deceptively inflating costs of executions, based upon putting all the costs of every death penalty case into those executed (see Florida); d) many more such problems, or even worse. (2)


2) MORE PROTECTION FOR INNOCENTS

Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty? Unlikely.

Innocents are more protected because of enhanced due process, enhanced incapacitation and enhanced deterrence. (3)

Anti death penalty folks claim that 130 "innocents" have been released from death row, nationally. Fact checking easily uncovers this as a scam. Study reviews have found that 70-83% of those claims are not credible. Possibly 25 "actual" innocents have been identified and released from death row. (4)

There is no proof of an innocent executed in the US, at least since 1900.

There is overwhelming proof that living murderers harm and murder, again. Executed ones don't.

3) 16 recent studies find for DETERRENCE

16 recent studies, inclusive of their defenses, find for death penalty deterrence. No surprise. Life is preferred over death, death is feared more than life. (5)

There is a constant within all jurisdictions -- negative consequences will always deter some - a truism.

NOTE: Repeal proponents bring up that many death penalty states have higher murder rates than non death penalty states. That has nothing to do with the deterrent effect failing, as fully explained to them and you in a previous email. (6)

Whether a jurisdiction has high murder rates or low ones, rather rising or lowering rates, the presence of the death penalty will produce fewer net murders, the absence of the death penalty will produce more net murders.

An analogy. Consider smoking. Whether a jurisdiction has high smoking rates or low ones, or rising or lowering rates, the knowledge of medical problems from smoking will produce fewer net smokers, the absence of any medical problems from smoking would produce more net smokers.


4. STRONG PUBLIC SUPPORT

80% death penalty support, for specific capital murders, such as mass murder, serial murders, rape/murders, terrorism, etc. (6)

-- 82% in the US favor executing Saddam Hussein, In Great Britain: 69%, France: 58%, Germany: 53%, Spain: 51%, Italy: 46%. , Le Monde (France) , 12/06
-- 81% support Timothy McVeigh's execution - "the consensus of all major groups, including men, women, whites, nonwhites, "liberals" and "conservatives." 16% oppose (Gallup 5/2/01).
-- 85% of liberal Connecticut supported serial/rapist murderer Michael Ross' "voluntary" execution. (Quinnipiac 1/12/05)
-- 79% support death penalty for terrorists (4/26/2007 New York State poll)
-- 78% of Nebraskans support death penalty for “heinous crimes.” 16% opposed. 76% opposed legislation to abolish. MPB Public Affairs Poll, 2/14/08)

Most quoted polls wrongly poll for murder, not capital murders. The death penalty is only an option in capital cases. Possibly, 10% of all murder cases are death eligible. Those are the only cases relevant to death penalty polling.


5) THE LEAST ARBITARY PUNISHMENT

The US death penalty is likely the least arbitrary and capricious criminal sanctions in the US. About 60,000 murders qualified for a death penalty eligible trial, since 1973. 8000 murderers were so sentenced or 13% of those eligible. Based upon pre trial, trial, appellate and clemency/commutation realities and that high percentage (13%) of receiving the maximum sentence (absent mandatory sentences) the death penalty must be the least arbitrary and capricious sanction.

-----------------------

Permission for distribution of this document, in whole or in part, is approved with proper attribution.

Respectfully submitted, Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas

Mr. Sharp has appeared on ABC, BBC, CBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.

A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally

1) "LFC Fiscal Error: Death Penalty Repeal - For Senate Judiciary Committee Record"
email to Senate, 3/9/2009 6:11:28 P.M. Central Daylight Time
2) "Cost Savings: The Death Penalty: For Senate Judiciary Committee Record", email to Senate, 3/9/2009 4:45:21 P.M. Central Daylight Time
3) "Death Penalty: More Protection for Innocents" NM, email to Governor Richardson, legislature and media, 3/4/2009 2:49:23 P.M. Central Daylight Time
4) "The death row 130 "innocents" scam" NM, email to Governor Richardson, legislature and media, 3/4/2009 1:36:11 P.M. Central Standard Time
5) "The Death Penalty is a Deterrent - 16 Recent Studies", NM, email to Governor Richardson, legislature and media on 3/4/2009 1:31:35 P.M. Central Daylight Time
6) "Death Penalty and Deterrence: Let's be clear" NM, email to Governor Richardson, legislators and media on 3/4/2009 1:52:09 P.M. Central Standard Time
 
======
600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
http://prodpquotes.info/ 
====== 
======
 
Additional research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone.  
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
======
 
Partial CV
Posted by at

Sunday, March 15, 2009

Incredible Costs: Life Without Parole

Incredible Costs: Life Without Parole (LWOP)
LWOP Capital Murder Cases, Maximum Security & Geriatric Care

From:  Dudley Sharp, independent researcher, death penalty expert, former opponent, 832-439-2113, CV at bottom   


 1. " . . .state officials estimate that an average prisoner costs California about $35,000 a year and that elderly inmates, who require more care, cost an average of $70,000."

 or $89,000/elderly inmate/yr in 2019 dollars, excluding maximum security cell costs, for LWOP capital murder cases. Maximum security cells, in Ca, are as high as $170,000/inmate/yr., as opposed to average cell costs, which do not apply to maximum security.

 using Inflation Calculator
https://www.usinflationcalculator.com/

 "The price of punishment" SCOTT SMITH. The Record, Jan 29, 2006
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20060129/NEWS01/601290307/1001/ARCHIVE
2. "A California study found that annual medical costs for prison inmates 55 and older are $60,000 to $80,000."

or $104,000 average in 2019 dollars, excluding maximum security cell costs, for LWOP capital murder cases. Maximum security cells, in Ca, are as high as $170,000/inmate/yr.

 "Robbing Ourselves Blind: The Economics of Getting Tough on Crime, Hary Merriman, Sociology of Law, 9/30/00.
http://www.oberlin.edu/news-info/01may/robbingblind.pdf

3. Older prisoners  (2005 and 2011) cost 3-9 times more than younger prisoners, from: Human Rights Watch. Old Behind Bars: The Aging Prison Population in the United States.Human Rights Watch; Jan 27, 2012 & American Civil Liberties Union. At America's Expense: The Mass Incarceration of the Elderly. American Civil Liberties Union; New York, NY: Jun, 2012
4. "The National Center on Institutions and Alternatives, an Alexandria-based organization that advocates alternatives to incarceration, estimates the average yearly cost of confining an elderly prisoner at $69,000 -- more than three times the $22,000 spent on ordinary inmates.

 which is  $103,000 in 2019 dollars, excluding maximum security cell costs, for LWOP capital murder cases.

 " Cost of Housing Older Inmates Goes Up As Risk Goes Down"
Bill Sizemore, The Virginian-Pilot, 3/7/00,
http://p199.ezboard.com/fdrugpolicytalkseriesnewsarticles.showMessage?topicID=10.topic

5. "Young prisoners cost the system $21,000 per year on average while older prisoners cost $60,000. And for those over age 60 the average cost is $69,000 per year -- twice the cost of a nursing home." "The situation will get worse as our prison population continues to age. In 1998 7.2 percent of the 1.8 million prisoners in federal, state and local prisons were over age 50, up from 4.9 percent in 1990 And the numbers will increase to as much as 10 percent over the next few years."

 or $92,000 - $106,000/inmate/yr, excluding maximum security cell costs, for LWOP capital murder cases.

 "Release of older prisoners could save taxpayers money, Bernard Starr, News Chief, 9/13/99
http://www.polkonline.com/stories/091399/opi_oldprisner.shtml

 ======================================

 MANY ADDITIONAL STATE COST REVIEWS

 DEATH PENALTY COST: SAVING MONEY
http://prodpinnc.blogspot.com/2013/02/death-penalty-cost-saving-money.html
======
600+ pro death penalty quotes from murder victims' families &
3300+ from some of the greatest thinkers in history
http://prodpquotes.info/ 
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Research, with sources, fact checking, vetting & critical thinking, as required of anyone within a public policy debate and which rebut all anti-death penalty claims.
 
Most will realize that the media has been using only anti-death penalty claims and , then, failed to fact check, vet, not use critical thinking, with that research, while avoiding all pro-death penalty research and experts, for decades. How do I know most will realize this? Because they wouldn't have seen any of this, prior:
 
The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
(7 pro-death penalty experts listed)
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Thursday, June 07, 2007

What time is it? (execution time)

Execution opponents engage in some of their most desperate arguments when they make the claim that when death sentences are carried out late at night, they intentionally scheduled to hide the event. Evidence to the contrary of these claims includes the fact that schedules are posted well in advance. Additionally, everyone in the prison knows what will happen the night of an execution, but the vast majority have no “say so” when it comes to changing things around them.

The prison population is comprised mostly of, you guessed it, offenders. Death penalty foes purposely ignore security measures intended to protect witnesses, participants, offenders and other prison staff. The impact of scheduling executions at a time when operations are at a relative lull should be obvious. Most offenders sleep peacefully while the condemned are read their last rites or encouraged to be calm and accept their punishment. The condemned murderer exits prison grounds in an inconspicuous vehicle. Nobody usually notices.

Prison schedules are an important part of what makes them secure. Offenders used to rituals are lulled into a sense of security. They know what to expect and when to expect certain things. Creating schedule exceptions means that something new or special is occurring and gives them reason to question what’s going on or test security for flaws.

Condemned inmates aren’t the only offenders in the prison. Making one class of offenders “more special” makes all the rest “less special”, even on execution night. Undue attention can motivate offenders to fight amongst themselves or to do other things to draw attention.

Another obvious or likely question is, if executions are indeed “special events” inside the prison, why not eliminate them? The answer to that is simple. Prisoners should not be allowed to dictate what their sentences should be. Justice should be what the courts (or jurists) determine, based on the law. Capital punishment is part of North Carolina law.

Appropriate punishments should continue to include the occasional and deserved execution (for premeditated murders with aggravating circumstances) because not all murderers can be contained inside prison walls. Imprisonment alone doesn’t address the crimes of all murderers either. Meting out a single sanction to all murderers doesn’t acknowledge the heinousness of the worst or most predatory… and just because a few who truly deserve execution escape it doesn’t mean that they all should either.

Convicted murderers (all of them) should be considered potentially dangerous… and to encourage violent criminals to believe that they should continue contacting the outside world (via prison ministry groups or the media?) is contrary to the needs of public safety and justice. Yet certain organizations (trial lawyers, radical groups and prison ministries) actually encourage offenders to make themselves known outside prison walls or pair them with pen pals.

Many of those who advocate for condemned inmates are “part timers” when it comes to their involvement. They can afford to look at the system in idealistic ways and insinuate that we should have a “perfect judicial system” or a perfected execution method before we allow executions to resume. These aren’t the same persons who’ve lost relatives and friends to the predators the wind up on death row. The average anti-death penalty protestor is someone that doesn’t know what it’s like to tell the mother and father of a real victim that their child has been murdered. The average anti-death penalty protester doesn’t believe that murder or other violent crime will affect their family. These “part timers” have the luxury of being able to shuck their business suits and ties, or Thai dyed T-shirts at the end of the day and forget that living predators would think nothing of intimidating (or killing) those who’ve testified against them. Their idealism is admirable but it’s not based on reality.

Death penalty foes have no use for a “real” death penalty or a death row because in their minds, the circumstances (or aggravating factors) that would lead reasonable persons to believe there is such a thing as a capital crime don’t exist. They count states like New York and New Jersey as “death penalty states” even when they don’t actually execute. “OJ Innocence” is their standard. Life, even psychopathic ones, no matter how dangerous is so precious to them that they’d rather risk innocent ones... they forget that murderers love to manipulate their advocates into getting them released… so that they might harm others. Is it any surprise that these persons (DP foes) don’t acknowledge that there are more offenders who’ve been released from prisons after serving time for first or second degree murder than there are on death row? These same persons and groups don’t acknowledge the behaviors that offenders engage in while they are incarcerated (except for participation in religious groups)… or escapes. 14 murderers are currently in escape status from the North Carolina prison system. No matter what your position is on capital punishment, the fact that these murderers are not serving their sentences should deserve notice.

Do prison schedules prevent death penalty opponents from turning executions into yet another public spectacle? If the protests outside the prison walls are any indication, then the answer is “No”. They (death penalty foes) cross lines, get arrested and perpetuate myths with astounding ease. These acts all sell papers or get airtime. If some of these “actors” lose some sleep over execution schedules, maybe that’s a “good thing”?

Meanwhile, the vast majority of North Carolinians don’t feel a need to prevent what’s happening in the execution chamber, no matter what time of day prison staff happens to schedule it. If ordinary citizens distrust the judicial system now it’s because it’s so easily slowed or broken by frivolous arguments and obvious grandstanding. For its part, the General Assembly should be ashamed of its inaction. Leadership seems to be confused or stuck in “wait and see” mode.

At the beginning (or the end) of any given day does it really matter what time it is when a condemned inmate is executed? No! Executions aren’t scheduled for the convenience of demonstrators or media, nor should they be. Public safety, justice and the schedules of the vast majority of the other prison “residents” should have a priority.
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Tuesday, November 29, 2005

Counting the wrong thousand

Recently I learned that Kenneth Lee Boyd could become the 1000th murderer executed since 1977, when capital punishment was reinstated. I’ve given the issue of capital punishment serious thought over the past few years and publicly shared some of my thoughts about this issue on occasion. Death penalty foes and the media have focused on a grim statistic, one that demonstrates their confusion about the issue in general. My point here is that they are counting murderers as if they are some kind of victim.

The statistics that persons who advocate against the death penalty often fail to acknowledge are the lives of innocent victims who died at the hands of these condemned/executed inmates. I found the following information on the Internet:

http://www.prodeathpenalty.com/Pending/scheduled_executions.htm

1977 - 1997 Executions

Murderers

Victims

434

690

1998 Executions

68

134

1999 Executions

98

177

2000 Executions

85

156

2001 Executions

66

267

2002 Executions

71

120

2003 Executions

65

129

2004 Executions

59

88

946

1761

It’s easy to see that there is an average of nearly two victims per murderer or inmate who gets executed. Another statistic that death penalty foes fail to acknowledge is that 100% of these condemned inmates were guilty of the capital murders they were executed for.

I don’t make a point of attending death penalty related rallies or protests. Persons like me who support capital punishment are not “bloodthirsty” or vengeful. We only expect that the law be carried out to its fullest (so that the innocent might be better protected). Death penalty protests are usually held or organized by persons who have some tie to condemned inmates. Such persons are quick to equate convictions with executions or an acquittal with actual innocence. There is no sense in trying to reason with such persons. Many of these rallies are attended by students whose knowledge of the judicial system comes from fictional works such as “Dead Man Walking”, “The Green Mile” or the “The Fugitive”. They’ve already made up their minds. Their motivations are often very selfish or narrow minded. They are there to dance for the cameras, to court the media and each other.

I would consider going to Central Prison on the night of an execution. I wouldn’t join the protesters in the parking lot though. I sent Warden Polk an email a while back requesting to be a witness for the state if space were made available. I have my own reasons for supporting capital punishment and if I were asked to attend an execution it would be to confirm my beliefs about this subject. I doubt it would change my perspective much though.

There don't seem to be any questions of guilt in Boyd’s case, he’s admitted to the murders. It seems like a slam dunk in terms of an execution this time. To my knowledge, family members of the victims support this sentence. I plan to send a letter to Governor Easley supporting the execution of this double murderer today.

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Friday, October 14, 2005

Three NC Murderers Scheduled for Execution

North Carolina Department of Correction Secretary Theodis Beck has set the execution dates for three North Carolina inmates.

Steven Van McHone is scheduled to be executed at 2 a.m. on Nov. 11, 2005. The execution is scheduled for 2 a.m. at Central Prison in Raleigh.

McHone, 35, was sentenced to death March 7, 1991 in Surry County Superior Court for the June 1990 murders of Mildred Johnson Adams and Wesley Dalton Adams Sr.

http://caselaw.lp.findlaw.com/data2/circs/4th/0414p.pdf

McHone’s prison behaviors include: SUBSTANCE POSSESSION, PROFANE LANGUAGE, DISOBEY ORDER, FIGHTING, and UNAUTHORIZED FUNDS.

McHones convictions include: MURDER FIRST DEGREE (PRINCIPAL), FAILURE TO STOP FOR ACCIDENT (PRINCIPAL), FELONY B&E (PRINCIPAL), LARCENY (OVER $200) (PRINCIPAL) and MISD B&E (PRINCIPAL).



Elias Hanna Syriani is scheduled to be executed at 2 a.m. on Nov. 18, 2005.


Syriani, 67, was sentenced to death June 12, 1991 in Mecklenburg County Superior Court for the summer 1990 murder of Teresa Yousef Syriani. He stabbed her 28 times with a screwdriver. She had filed for divorce days earlier.

http://pacer.ca4.uscourts.gov/opinion.pdf/0412.U.pdf

Syriani’s prison behaviors include: DISOBEY ORDER.
Syriani’s convictions include: MURDER FIRST DEGREE (PRINCIPAL).



Kenneth Lee Boyd , is scheduled to be executed at 2 a.m. on Dec. 2, 2005.

Boyd, 57, was sentenced to death July 14, 1994 in Rockingham County Superior Court for the March 1988 murders of Julie Curry Boyd and Thomas Dillard Curry.

http://www.aoc.state.nc.us/www/public/sc/slip/slip96/547-88-2.html

Boyd’s prison behaviors include: PROFANE LANGUAGE, and DISOBEY ORDER.

Boyd’s convictions include: MURDER FIRST DEGREE (PRINCIPAL), and ABANDONMENT (PRINCIPAL).
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Thursday, September 22, 2005

Matters of Procedure vs. Political Hacks

Cries for a study on capital punishment in North Carolina have been driven by an occasional acquittal, pardon, some decisions retry cases or exonerations. Not to resort to legal "nitpicking" but at least one of these cases where doubts of guilt existed still resembles “OJ type innocence” (hardly proven or actual). Come to think of it, no one-armed men were seen running from the crime scene and the victim didn't "murder himself". If the "legal landscape" had been unchanged by all of these events, reasonable persons might wonder if we should expect more of the same. Fortunately, and as a matter of procedure and ongoing review by persons more intimately (professionally) interested and involved in the process, this is not so.

Many of those who advocate for more study chose not to acknowledge that the current appellate process culled these cases where questions about guilt might exist from the “capital stringer” before they were executed (or even scheduled for execution). Equally ignored by moratorium or study sponsors are newly enacted laws requiring all prosecutors to disclose more evidence prior to trial or during the discovery process. Some of the requirements related to disclosure merely documented the existing procedures practiced by DA’s. To be sure, it’s clear that all lawyers (prosecutors and defense) involved in capital trials will now have to abide the same predefined (by law) levels of discovery.

There is no rush to execute those who are condemned and innocent persons are not being executed in our state. It’s arguable that many persons who advocate for an outright moratorium on executions confuse occasional wrongful convictions with wrongful executions. The wrongful execution rate is zero.

Many of those who have requested the proposed study on capital punishment have clients to represent or an agenda that includes abolition of the death penalty. A “fake death penalty” (or policy of moratoria) serves them just as well as (or better than) outright abolition. There’s no arguing with persons who insist on referring to unpublished or incomplete UNC studies that include questionable interpretations of possible racial bias when it comes to sentencing proven murderers. There are others who find it politically convenient to attack the judicial system or delay executions of murderers that truly deserve their sentence. Instead investing careful thought into how the courts work or providing thoughtful suggestions on how the courts might respond more fairly towards minorities, these persons waste little time demanding that the capital process be (temporarily?) shut down.

It’s not new news that a contentious issue such as capital punishment is likely to draw persons who really have no desires to see what some persons call “justice”. The creation of another legislative study commission could create a venue for these persons to grandstand for their causes or engage in self promotion and further erode public confidence in the system. What would moratorium or study sponsors say if the participants in proposed study commissions were required to be “death qualified” in many of the same ways that juries are?

Instead of allowing political hacks and special interests to manipulate the justice system, we should encourage thoughtful review of each criminal case (individually) using the courts as they are intended. Requiring “just another study” would amount to a “one-time review” of the system. Isn’t this redundant because the appellate process already provides multiple levels of mandatory review as a matter of procedure in each and every capital case? Put another way, doesn’t each and every capital case trigger a review of the issues of fairness in the system? What can’t moratorium (or study) sponsors study (on their own?) while executions of the guilty continue? Why should North Carolinians be forced to fund and endure the personal learning curves of moratorium advocates while proven predators escape justice?

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Wednesday, June 08, 2005

Avoiding a lethal Oops...

The bedwetting alarmists are calling for a moratorium on executions again in the Raleigh News and Disturber. That should come as no surprise to even casual readers of the paper because those on staff there (editors or columnists or some combination of both) have already decided somehow that only a moratorium (on executing the guilty) can be in our best interests.

Imbedded in the “pep talk” to persons who’d support the idea of a halt to executions is another reference to their “poster boy” Alan Gell. No surprise there either. Don’t hold your breath waiting for the N&O to acknowledge that Gell was never even scheduled for an execution and that a working system (minus the new laws relating to disclosure) is what eventually led to his eventual acquittal. Acquittals occur when there’s a weak case state’s against a suspect in a case. Does anyone remember O.J. Simpson, or Ron and Nicole? Nobody at the N&O (or promoting a moratorium) is writing about Allen Ray Jenkins, that’s for sure.

The wheels of justice are surely slow but there are no doubts about the guilt of those who’ve been recently executed and no one is currently scheduled for execution now. So why can’t these alarmists schedule a review while justice runs her course? The answer to that question is apparent, the moratorium (or halt) is the real goal and the study or any potential improvement or constructive suggestion that these persons might have for the system is an afterthought (for moratorium supporters or death penalty foes, in some circles it has been said that these are really the same persons).

Oops, in case no one noticed, the wrongful execution rate is zero. Meanwhile, the number of inmates who have already murdered who could have been executed or who committed additional crimes while behind bars is certainly greater than zero and increasing almost every day.

http://www.doc.state.nc.us/admin/memorial.htm
http://webapps6.doc.state.nc.us/apps/offender/escList
http://crrp41.doc.state.nc.us/docs/pubdocs/0006461.PDF

Should North Carolinians be encouraged to support a study commission that consists of a league of moratorium supporters? Will other persons who can demonstrate that their interests lie in what's best for all North Carolinians (not just death row inmates) be included? Now there are some questions that need to be asked and answered before Speaker Black considers taking a bill to the floor for a vote or creating any special study commissions!!
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