The debate over capital punishment often focuses on moral and ethical questions surrounding the death penalty. However, there are also important practical considerations, including the relative costs of sentencing someone to death versus life in prison without parole. Proponents of capital punishment argue that executing convicted murderers saves taxpayers money compared to imprisoning them for life. Opponents contend that the death penalty system is more expensive due to the lengthy and complex legal processes required for capital cases. Determining which option truly costs less requires examining all the associated expenses over many years, from arrest through trial, sentencing, incarceration and appeals. This article analyzes the latest research comparing the costs of the death penalty versus life imprisonment.
Key Questions
What are the main costs associated with capital punishment versus life in prison?
The two punishments have several overlapping costs, such as arrest, trial and initial incarceration. However, death penalty cases incur substantial additional costs, including:
- Pre-trial costs: More pre-trial motions, more investigative services, more expert witnesses, twice as many attorneys, and jury selection taking longer.
- Trial costs: Longer trials, more courtroom security, and separate trials for guilt and sentencing phases.
- Incarceration costs: Higher security imprisonment on death row with more staffing.
- Appeal costs: Mandatory direct and habeas corpus appeals in state and federal courts, and petitions to the U.S. Supreme Court.
- Execution costs: Attorney and court time associated with last-minute appeals and the execution process itself.
Life without parole cases avoid most of these expenses after sentencing.
What are the typical costs for death penalty versus life imprisonment cases?
Many studies have quantified these costs:
- A 2022 study in Oklahoma found average capital case costs were over 3 times higher at $594,000 versus $181,000 for life without parole.
- A 2020 study in Nevada estimated average death penalty case costs at $532,000, versus $170,000 for life in prison.
- A 2016 study in California calculated death penalty case costs at $4 million more per prisoner than life imprisonment.
The added costs for death penalty trials, appeals and executions generally range from 2 to 5 times higher than cases seeking life without parole.
Does the death penalty save money by reducing prison time and costs?
While capital punishment cases result in shorter incarceration periods, the much higher costs outweigh any savings from reduced prison time. Even when a death row inmate spends over 20 years appealing their sentence before execution, the total costs still exceed those for life without parole by substantial margins.
Cost Analysis
Pretrial and Trial Costs
Capital cases cost significantly more than life imprisonment cases at the pretrial and trial stages:
| Cost Factor | Death Penalty Case | Life Without Parole Case |
|---|---|---|
| Attorneys | Team of public defenders and private attorneys | Typically one public defender |
| Experts | Investigators, mental health experts, forensic experts | Occasional investigator or expert witness |
| Jury | In-depth voir dire, sequestered jury, more alternates | More limited voir dire, unsequestered jury |
| Trial Length | Typically 8-10 weeks for each phase | Typically 2-4 weeks total |
These factors make the pretrial and trial costs around 5 times higher for death penalty cases.
Incarceration Costs
Death row incarceration averages $50,000 to $60,000 per year per inmate due to:
- More secure facilities.
- More staffing for heightened security.
- Solitary confinement instead of general population.
- Separate exercise yards, visitation areas.
For a typical 10 years on death row, incarceration costs total $500,000 to $600,000. Life without parole averages around $30,000 per inmate annually, totaling $300,000 over 10 years.
Appeals Costs
All death penalty cases involve mandatory appeals, while life imprisonment appeals are less likely and not mandated:
| Appeals Courts | Death Penalty Cases | Life Without Parole Cases |
|---|---|---|
| State Direct Appeals | Mandatory | Discretionary |
| State Habeas Corpus | Mandatory | Discretionary |
| Federal Habeas Corpus | Mandatory | Discretionary |
| U.S. Supreme Court | Discretionary | Rare |
The extensive appeals process in death penalty cases costs around $500,000 per inmate based on attorney and court time over 10+ years. Life without parole appeals average under $100,000.
Execution Costs
Once appeals are exhausted, executions require:
- Attorney time filing last appeals
- Courts scheduling final hearings
- Prison staff preparing for execution
- Staff overtime, training and legal costs of actual execution
These execution costs often exceed $100,000 per inmate.
Analysis of Total Costs
Based on average pretrial, trial, incarceration, appeals and execution costs, the total costs work out as follows:
| Costs | Death Penalty | Life Without Parole |
|---|---|---|
| Pretrial + Trial | $1 million | $200,000 |
| Incarceration | $500,000 | $300,000 |
| Appeals | $500,000 | $100,000 |
| Execution | $100,000 | $0 |
| Total Cost Per Inmate | $2.1 million | $600,000 |
The total costs to sentence someone to death are 3-5 times higher than seeking life without parole. While actual costs vary by case, location and duration, every study has concluded that death penalty cases are far more expensive.
Secondary Effects on Costs
Beyond direct costs per case, use of capital punishment has larger cost implications:
Legal Resources
The time and money spent on lengthy death penalty trials and appeals drains legal resources that could be used for other cases or public safety needs.
Pretrial Decisions
Seeking the death penalty impacts pretrial motions, plea bargains, and decisions to take cases to trial rather than negotiate guilty pleas.
Deterrence
There is little evidence that the death penalty deters crime more effectively than life imprisonment. Some studies suggest it may increase violence.
Wrongful Convictions
Reversing wrongful convictions and death sentences after many years adds substantial costs. Over 185 death row inmates have been exonerated since 1973.
Conclusion
The body of evidence overwhelmingly shows capital punishment cases cost substantially more than life imprisonment cases at every stage. While the moral and ethical efficacy of the death penalty may still be debated, from a practical cost perspective, the evidence clearly suggests it is much more expensive for taxpayers than sentencing convicts to life in prison without parole. Given stresses on court resources and prison budgets, the financial impact should be part of policymakers’ considerations regarding continued use of the death penalty.