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Sentencing For Life

Americans Embrace Alternatives to the Death Penalty

AReport btJ The Death Penalty Infonnanon Center SENTENCING FOR LIFE: Americans Embrace Alternatives to the Death Penalty

"Everybody believes that a person sentenced to life for will be walking the streets in seven years$ " 142881 U.S. Department of - Charles Weitner, National Institute of Justice Georgia Supreme This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated In this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granted by Death Penalty Information Center

to the National ; Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the copyright owner.

A Report by The Death Penalty Information Center Written by Richard C. Dieter, Executive Director 1606 20th Street, NW Washington, DC 20009 (202) 347-2531 April 1993 TABLE OF CONTENTS Executive Summary ...... 1 Introduction ...... 2 Public Opinion and the Death Penalty ...... 4 Recurrent Problems Erode Death Penalty Support ...... 6 Results from State Polls ...... 9 The Trend Toward Longer Incarceration ...... 11 Effectiveness of Alternative Sentences ...... 13 Juror Awareness of Alternative Sentencing ...... 16 The Effects of a Life ...... 19 Restitution ...... 20 Other Alternatives: Decreasing the Amount of ...... 21 Families of Murder Victims ...... 22 The Politics of Death ...... 23 Conclusion ...... 25 Appendix: Opinion Poll Methodology ...... 25 References ...... 26

Graphs and Charts

Fig. 1: Public Prefers Alternative to the Death Penalty ...... 4 Fig. 2: Support for the Death Penalty When Alternatives Are Presented ...... 5 Fig. 3: Issues Raising Doubts About the Death Penalty ...... 7 Fig. 4: Life Without States ...... 11 Fig. 5: Restricted Parole States ...... " ...... 12 A new national opinion survey Jurors serving in capital cases Executive reveals for the first time that are equally in the dark, frequently Summary Americans may be ready for a assuming that their choice is change regarding the death penally. between a meaningless life More people would choose life sentence and death. often without parole plus restitution to the ar(~ forbidden by from victim's family over the death explaining to the that inmates penalty for first degree murder. But must now serve 25,35 or more Americans, including many serving years before even becoming eligible on death penalty , are unaware for parole. Both in the and that such lengthy sentences are now on the streets, the death penalty being regularly applied by most rides a wave of misinformation states. with no basis in current sentencing law. These results are from a bipartisan opinion poll conducted The poll documents that by the Democratic polling firm of Americans are looking for Greenberg/Lake and the Republican alternatives to the death penalty Tarrance Group. They interviewed because they have grave doubts 1,000 registered voters and found about the recurrent problems that support for the death penalty associated with this ultimate drops to under 50% when votr~rs are . "Voters worry that offered a variety of alternative innocent people may be killed (58% sentences, including a life sentence have doubts), that capital with no parole for at least 25 years punishment is too expensive (46% plus mandatory restitution. have doubts), and that the death penalty is racist (48%)," according Many Americans do not realize to a summary by the polling firms. that the sentencing schemes of most As the supporting these states have undergone fundamental doubts continues to grow, death changes in recent years. Forty-five penalty support will continue to states and the federal government t:l decline. (1) now employ sentences in which no 1\'1.... parole is possible for at least 25 This most recent national poll =:r years for their most serious murder is consistent with a series of state "d cases. In two-thirds of the stat"s, polls conducted over the past five (1) t:1 those who are not given the death years which repeatedly show that 1\'1 penalty face life with people support alternatives to the .... no possibility ofparole ever, Yet death penalty. Dissatisfaction with '< ..... only 4% of Americans believe that the death penalty has increasingly t:1 those convicted of first degree led people to consider forms of ...., 0 murder would spend the rest of their punishment which offer society '"1 !3 lives in according to the sufficient protection and which 1\'1 Greenberg/Lake and Tarrance poll. give some recompense to the ...... victims of crime. As the 0 The myth persists that even the t:1 implementation of these sentences most dangerous murderers will be (j becomes better known, the death released in seven years if they are (1) penalty will once again be the t:1 not executed. Such misperceptions .... choice of only a minority in this (1) fuel support for the death penalty '"1 country. and politicians' demands for more executions. II "Everybody believes that a person sentenced to life for murder will be Introduction walking the streets in seven years. " -the late Judge Charles Weltner, Georgia Supreme Courtl

"Some ofthe jurors were wanting to know would he get out in like seven years on good behavior .... If we were gonna' put him in prison, we wanted to make sure he would stay there. But ... we didn't really feel like he would .... we really felt like we didn't have any alternative. " -Juror in an interview following a death against Randall Rogers2

"[TJhere is an effective alternative to burning the life out ofhum an beings in the name ofpublic safety. That alternative is just as permanent, at least as great a deterrent and-for those who are so inclined-far less expensive than the exhaustive legal required in capital cases. That alternative is without the possibility ofparole. "

-Mario Cuomo, Governor of New York3

Contrary to the conventional delay continue to plague this wisdom that Americans country's recent experiment with wholeheartedly support the death the punishment of death. The penalty, the latest national failure of executions to achieve opinion poll released in more than a spectacle has raised conjunction with this report the question: Could America live shows that more people in this without the death penalty? Are country would prefer alternative there alternatives to deal with the sentences that guarantee both type of criminals who are "The failure of protection and punishment over currently sentenced to death? executions to achieve more than the death penalty. Death penalty Would the American people be a spectacle has support becomes a minority satisfied with those alternatives? opinion when the public is l'aisedthe This report releases the presented with a variety of question: Could results of a new national poll alternative sentences. Most America live which demonstrates that without the death Americans, however, are unaware Americans are willing to give up penalty? Are there that the length of imprisonment the death penalty if certain alternatives to deal embodied in these alternatives is stringent sanctions are enforced. with the type of now the nonn almost everywhere This poll, and similar state criminals who are in the country. currently sentenced opinion polls, confirm that to death? Would Since its reinstatement in abstract support for the death the American 1976, the death penalty has penalty drops significantly when people be satisfied brought little but frustration to respondents are given a choice with those both proponents and opponents between and alternatives? " alike. The evidence of racism, of sentences which assure lengthy innocent , of costs and incarceration and compensation II for the family of the victim. saving as well. Judging by the Only 41 % of the population crime rates in those states that would choose the death penalty have abolished capital over a sentence of life vvithout punishment and instituted parole coupled with restitution to alternative sentences, the absence the victim's family. of the death penalty would cause no rise in the murder rate. 6 One of society's best kept Capital murderers would not be secrets is that the length of released after serving only seven sentences which people would years. Hundreds of millions of support over the death penalty dollars and thousands of hours of are already in place and court time would be saved by functioning in most of the United replacing the death penalty with States. Forty-five states (plus alternative sentences. The money the District of Columbia) saved could be devoted to crime presently employ a life sentence prevention measures which really in which there is no possibility of do reduce crime and violence and parole for at least 25 years. thus are the true alternatives to Thirty-three of those the death penalty. jurisdictions use a life sentence in which parole is never possible. Yet parole information is often withheld from jurors in capital cases and the use of these severe sentences is unknown to most of the public. As one recent study concerning the public's knowledge about the death penalty concluded, "[A] majority of Americans have taken a very strong position on an issue about which they are substantially uninformed."4

In many states, the stringent restrictions on release of those convicted of murder are a new phenomenon. But in those places where they have been the law for some time, they are working as promised. In California, for example, no ... sentenced to life without o parole has been released in 25 = years.s

From all indications, America could be safer without the death penalty and would realize an enormous monetary II a series of state polls on this Public Opinion and the issue, that Americans would Death Penalty favor certain alternative sentences over the death penalty. In 1966, more Americans Although a majority of those opposed the death penalty than interviewed said they favored 7 favored it Exe~' '!ons were capital punishment abstractly, halted in 1967 and did not resume that support is reversed when the for 10 years when support for the sentence of life without parole, death penalty had grown. Today, coupled with a requirement of a new phenomenon is emerging restitution, is offered as an from the polls. Support for the alternative. Forty-four percent death penalty drops precisely to favor that alternative, while only the same low percentage as in 41 % selected the death penalty.

Fig 1 Public

"Today, a new Prefers phenomenon is emerging from the Alternative Prefer polls. Support for the the death penalty tathe Death drops precisely to Death Penalty the same low percentage as in Penalty 1966 when people are given the choice of stringent alternative sentences. "

1966 when people are given the Even the choice of a sentence choice of stringent alternative which guaranteed restitution and sentences. no release for at least 25 years In March of this year, the caused death penalty support to polling firms of Greenberg/Lake drop by 33%. and the Tarrance Group These results indicate a conducted a national survey of strong desire on the part of the people's opinions about the death public for protection from those penalty. This poll revealed an who have committed society's increasing trend, first detected in II Fig 2

Support for the Death Penalty When Alternatives Are Presented

5

4 3 2 -==== 1

o 10 20 30 40 50 60 70 80

worst . There is also a parole for 25 years is considered; preference for connecting if a requirement of restitution is punishment with restitution to added to that sentence, support those who have been hurt by drops by 33%. And the sentence crime. Support for the death of life without parole plus penalty drops below 50% with a restitution causes a support drop range of alternative sentences, of 36% and relegates capital especially those including punishment to a minority restitution. Compared to tile 77% position. (See Fig. 2). who favor the death penalty in the abstract, support drops by 21 % '<- when a sentence of life with no

o 1:1

II a black person. 8 It is not Recurrent Problems surprising that almost three­ Erode Death Penalty fourths of Blacks believe that a Support black person is more likely than a white person to receive the Why is it that people who death penalty for the same appear to support the death crime. 9 As these facts about penalty are willing to abandon capital punishment become more that support in favor of widely known, the enthusiasm alternative sentences? The for the death penalty may answer may lie in the fact that continue to wane. people who support the death penalty nevertheless retain Americans also expressed serious doubts about it which are doubts about the death penalty triggered by some of capital after hearing information about punishment's recurrent problems. the costs of the death penalty and Also, people are unaware of the the absence of any unique sweeping changes that have deterrent effect. The strongest occurred in the actual amount of doubts, however, were raised by time which convicted murderers the prospect that innocent people will have to serve for their could be executed. Fifty-eight crimes. percent of those polled said the question of innocence raised doubts in them about the death Doubts About penalty. (See Fig. 3.) the Death penalty All of these issues are likely Most people express doubts to cause further erosion in the about tIle death penalty when public's support for the death presented with some of the penalty as new information problems which have plagued this buttresses people's concerns. ultimate punishment for years. Studies of the cost of the death Forty-eight percent responded penalty, for example, repeatedly that the issue of racism in the show that it is much more application of capital punishment expensive than the alternative of raised some or serious doubts life in prison. lO Reports on the about the death penalty. death penalty's deterrent effect QJ consistently conclude that it is no .... The perception of racial injustice within the criminal more a deterrent than lengthy prison terms. I! With all forms of .... justice system, symbolized by the o image of Rodney King in Los government experiencing a need ~ Angeles, is reinforced by the fact for streamlining expensive that Blacks are represented on programs, the death penalty is .... three and half times ripe for a cost and benefit their proportion in the popUlation review. 12 as a whole. And defendants who Other recent studies have kill a white person in America are confirmed that many who have many times more likely to get the been convicted of capital crimes, II death penalty than those who kill and even some who have been Fig 3

Issues Raising Doubts About the Death Penalty Percent With Some or Serious Doubts 4 580/0

3

2

1

o 10 20 30 40 50 60

executed, were innocent. 13 In innocent lives might well have their recent book, In Spite of been sacrificed and the same is Innocence, the authors discuss undoubtedly true of some who are over 400 cases in which the on death row today. was wrongly convicted The recent release of Walter of a crime punishable by death. tJ McMillian from Alabama's death R At least 23 cases have resulted in I\) row on March 2, 1993 illustrates ..... the execution of innocent t:r this continuing danger .17 Mr. people. 14 The Supreme Court did McMillian faced execution for six '"d little to dispel people's doubts R years. His appeals were turned =' with its recent ruling that new I\) down four times, despite the fact claims of innocence are almost -..... that no physical evidence linked '< never reviewable by the federal him with the crime and twelve ~ courts through habeas corpus witnesses placed him elsewhere at ....,=' petitions. IS 0 the time. Only the discovery by '"1 a It is sobering to recall that new attorneys of improper I\) when the Supreme Court procedures used by the ..... overturned all the existing death prosecutors and of witnesses who 0 =' sentences in 1972 on changed their stories allowed the (') constitutional grounds, a number to be overturned and R of innocent lives were spared. charges to be dropped. 18 Except ='..... R Five of those who were on death for a series of fortuitous events, '"1 row at the time went on to prove Mr. McMillian might have been their innocence.16 These II executed while the courts refused to hear his valid claims of innocence.19 As the number of death row inmates across the country continues to reach record highs, and as the pace of executions accelerates, the probability of innocent people receiving the death penalty increases. This, too, will likely increase the doubts which people have about this ultimate punishment.

Awareness of Longer Sentences Most Americans are poorly informed about the likely sentences which capital murderers would receive if not "Two-thirds of the given the death penalty. Only 4% states utilize believed that those sentenced to sentences for first life for first degree murder would degree murder be imprisoned for the rest of their which guarantee lives. The average estimate of that the inmate will how long such a prisoner would never be eligible serve was 15.6 years. Even when for release. Most asked how long someone with a ofthe remaining life without parole sentence states forbid would serve, only 11 % believed considering parole that such a person would never for at least 25 be released. As discussed more years. " fully below, those perceptions are far off the mark. Two-thirds of the states utilize sentences for first degree murder which guarantee that the iru'lflt-::;: will never be eligible for release. (See Fig. 4) Most of the remaining states forbid considering parole for at least 25 .... years. (See Fig. 5.)

II people have about capital Results From State Polls punishment. People believe that the death penalty is arbitrary, that Although the results from it is imposed in a racially this latest poll may be surprising discriminatory manner, and that to those who believe that capital there is a danger that innocent punishment has wide and people may be executed by unwavering support, they are mistake. That ambivalence consistent with a series of state makes actual jurors hesitant to polls which have explored some impose the death penalty when of the same issues over the past they are faced with the decision. five years. These polls It also leads people to readily repeatedly showed that when prefer realistic alternatives, once people were presented with they are given the choice. alternatives to the death penalty, their support for the death Moreover, the support for penalty dropped dramatically. alternatives to the death penalty Polls conducted in recent years appears to be growing. In a in California, Florida, Georgia, national poll in 1986, Gallup Kentucky, Minnesota, Nebraska, reported a 19% drop in support , Oklahoma, Virginia for the death penalty when life and West Virginia all concluded without parole was offered as an that people prefer various alternative. 22 The same question alternative sentences to the death produced a 23% drop in 1991. 23 penalty.20 Now, in 1993, support for the death penalty dropped 28% when Another interesting finding this same alternative was offered reported consistently in the state in the GreenbergILake poll. polls, and confirmed by the Silnilarly, a state poll conducted national poll, is that death in New York in 1989 revealed penalty support drops more with that 62% of the people would an alternative sentence of no prefer a sentence of life without parole for 25 years than with a parole plus mandatory restitution sentence mandating absolutely rather than the death penalty. In no parole, provided that the 1991, the same question was lesser sentence is combined with asked and 73% supported this the requirement of restitution.21 r+ alternative.24 '< This result challenges the notion that people automatically favor The state polls reveal a the harshest of all possible number of other significant public sentences, such as the death perceptions on the death penalty. penalty or life with no parole. For example: Rather, people support • When Nebraskans were reasonable alternatives which asked which sentence to restore equilibrium would do the greatest good and justice where it has been for all concerned, twice as fractured in society. many selected alternative These state polls also sentences over the death indicated the ambivalence which penalty, and no parole for II 30 years plus restitution capital punishment. People are was the first choice among frustrated and frightened about the alternatives.25 violent crime. If they are offered no alternatives which reasonably • A majority of New Yorkers meet their concerns for said they have moral protection and punishment, then doubts about the death the death penalty seems penalty and are not really attractive. comfortable with capital punishment. Over 90% of Jurors, too, look for New Yorkers agreed that alternatives. As many the best way to reduce prosecutors who have brought crime is to give "sure fire" death cases to juries disadvantaged know, there is often a reluctance people better education, by jurors to actually impose the job training, and death sentence on guilty equal employment murderers. 29 Jurors faced with opportunities. 26 making life and death decisions repeatedly inquire about the true • Almost half of the meaning of a "life sentence," respondents in Florida apparently hoping that this believed that the death sentence will provide them with penalty is racially and an acceptable alternative to economically sentencing someone to death. 30 discriminatory. 27 When they are told that parole • In Oklahoma, only 5% of eligibility will not be explained, the people believe that the they incorrectly assume that the existence of the death defendant will be out again in 7 penalty has defmitely made years. Faced with that the state a safer place to alternative, jurors often choose live. An additional 22% death. believe it probably has made it a safer place, but 62% of the people responded that it either has probably not or definitely not made Oklahoma safer. Oklahomans would also prefer a sentence of life in prison over the death penalty by a margin of 56- 35% if they were 00 I=: convinced that the death penalty discriminates against minorities. 28 These and similar results from other states show the shallowness in the support for iii now uses a lengthy guaranteed The Trend Toward minimum sentence before parole Longer incarceration can even be considered. The perception that a murderer The development of prison convicted of a capital crime will sentences in which parole is be back on the streets in seven restricted either for a substantial years if not given the death number of years or forever is a penalty is totally inaccurate. growing trend among states today. As a response to violent This is a significant change , almost every state, as from twenty years ago when the well as the federal government, death penalty was temporarily

Figure 432 Life Without Parole States "The perception that a murderer convicted of a Arkansas Illinois Montana South Dakota capital crime will be back on the streets in seven Colorado Louisiana Nevada Vermont'" years if not given the death penalty is totally inaccurate. " Delaware Maryland Oklahoma West Virginia'"

Hawaii'" Michigan'" Pennsylvania

In addition: • Mississippi, Virginia and South Carolina allow a sentence of life without parole for certain recidivists. -....,l:I o '"I " Kentucky requires that a murderer serve half his term if sentenced a for a number of years. Thus, a sentence equivalent to life without ....co parole is available by sentencing the defendant to an exceedingly .... o long term of years. l:I In Wisconsin, the sentencing judge has the power to set the parole ('") " til eligibility date which, in reality, could be longer than a person's ....l:I natural life. A similar provision is in force in . n '"I " The federal government employs life without parole for murders under certain . m suspended by the Supreme states call for the imposition of a Court's ruling in Furman v. life sentence in which parole is Georgia. Nearly 600 death not possible for at least 25 years. sentences were commuted to life Still others require that the imprisonment by that decision, inmate serve at least 20 years and almost every inmate has before being considered for either been released or has an release. (See Fig. 5). And even expected parole date set. 31 in those few states where parole is possible in under 25 years, it For defendants sentenced is very unlikely that those today, however, the prospects are convicted of the worst crimes quite different. Thirty-three would be paroled on their first states (plus the District of try, if ever. Columbia and the federal government) employ a sentence of life without parole in some fonn. (See Fig. 4). A total of 14

Figure 5 Restricted Parole: Years Before Parole Eligibility Under Available Sentences for 1st Degree Murder

Arizona 25 yr New Jersey 30 yr s. Carolina 30 yr

Indiana# 30 yr New York'" 25 yr Texas 35 yr

Kentucky 25 yr N. Dakota'" 30 yr

• #Actual minimum sentence is longer, but inmates could be released after the years stated if they received both parole and all possible "good time" credit. • Under Georgia law, anyone previously imprisoned under a life sentence must serve 25 years before parole consideration. • Canada requires that a convicted murderer serve 25 years before being eligible for parole. parole for 35 years. However, Effectiveness of Texas law forbids either side Alternative Sentences from informing the jury about the true meaning of a life sentence in People are frightened by a capital case, and so death press accounts of parole sentences are being returned consideration for such notorious under a gross misperception. criminals as Charles Manson and Jurors, and the public in general, Sirhan Sirhan. No doubt, people mistakenly believe they must believe that if these criminals are choose between releasing a eligible for parole, anyone would violent murderer in 6 years or be. But neither of these men was imposing the death penalty, even sentenced under a life without though the reality is quite parole scheme, since that penalty different. had not been enacted when they had committed their crimes. The States that have used the fact that these and similar cases sentence of life without parole receive consideration for parole, say it works as promised. "States that have even though denied, tends to California has had a sentence of life without parole for over 25 used the sentence obscure the fact that today such oflife without years and not one person offenders would not even be parole say it works eligible for parole. In every sentenced under this law has been 35 as promised state, the myth that if people are released from prison. In California has had not given the death penalty they Alabama, U. S. Court of Appeals a sentence oflife will be released in 7 years is Judge Edward Cames, who without parole for simply not true. headed the state's capital over 25 years and punishment division as assistant not one person People are also disturbed by attorney general for many years, sentenced under reports of who actually said iliat "life without parole in this law has been are released after a relatively Alabama means just that-no released from short time, some of whom parole, no commutation, no way prison. " commit additional crimes. In out until the day you die, Texas, for example, there is period." 36 much confusion about sentencing. Prisoners, on the Louisiana has perhaps the whole, are only serving 20% of nation's toughest life sentence .... their sentences and is law. "Life in the state of a serious problem.33 Typically, Louisiana is just that-life," said ..... even those with a life sentence a board official in Baton ....,t::I have been getting out in less than Rouge. "There are no 50-year o "'1 six years, partly due to the life sentences or 25-year life !3 overcrowding in Texas' sentences. Life means natural ...... I» .34 life." Nearly a 100 lifers have o served 20 years or more at t::I What is not widely known, Louisiana's State Penitentiary in however, is that for those Angola. 37 convicted of capital murder, the reality is now quite different: a In South Dakota, all those life sentence for them means they given life sentences serve without would not even be eligible for possibility of parole. The only iii chance for release is through the proposed this sentence as an commutation process requiring alternative to reinstating the unanimous approval of the death penalty. commutation board and the governor. No one convicted of Commutation of Sentence has been commuted since 1974. 38 For those who would opt for a sentence under which prisoners In Connecticut, assistant could never be released, the public defender Robert Gold theoretical possibility of described his state's recent executive clemency may appear experience with the Hfe without to be a problem. In most states, parole alternative: "The sentence either the governor or an means what it says. You get appropriate board has the power carried out of the prison in a pine to commute sentences. 41 Unless box as your only means of exit. restricted by law, such a process Parole, good time, or other means could result in the reduction of a of shortening the sentence are not life without parole sentence to a available to people who have simple life sentence where parole been convicted of [a] capital is possible. . "39 In reality, however, this is a Most of the states without the very remote possibility. death penalty now utilize a Governors have the same power sentence of life without parole for to grant clemency in death their worst offenders. Michigan, sentences but rarely do. On the for example, has had a average, there has only been 1 mandatory life law for first such commutation in 20 years degree murder at least since for each state with the death 1931. It also bears the pcnalty.42 Presumably, if the distinction of being the first same defendants had been given English-speaking jurisdiction to life without parole sentences, permanently abolish the death governors would have had even penalty. For the past decade, the less incentive to commute them governor has averaged only one since the possibility of a commutation per year of those mistaken execution would no sentenced to life for first degree longer be a motivation. This is 4) murder. The time served for ...... borne out in states like Michigan, those few who were commuted California and South Dakota between 1983 and 1990 averaged which have had a life without 27 years.40 parole sentence for some time In the District of Columbia, and where commutations of those the voters overwhelmingly convicted of first degree murder rejected the death penalty shortly are exceedingly rare or non­ after the city council passed existent. 43 legislation allowing for a sentence Moreover, the power to grant of life without parole for first clemency is needed for those degree murder. In New York, cases where evidence challenging III Governor Cuomo has also the defendant's innocence or sentence arises only after the and appeals. The Supreme Court recently reinforced the need for such a safety valve when it refused to review the claims of inno'cence from a condemned Texas inmate, Leonel Herrera. "Clemency," said the Court, "is deeply rooted in our Anglo-American tradition of law, and is the historic remedy for preventing miscarriages of justice where judicial process has been exhausted."44

Some states have even gone so far as to restrict the executive's power of clemency in the worst cases. In California, for example, a prisoner serving life; without parole cannot even apply for clemency for 30 years.45 And in New York, Gov. Cuomo has proposed a constitutional amendment that would forbid anyone from granting clemency to those serving life without parole, should the legislature adopt such a sentence instead of the death penalty.46 Thus, the possibility that dangerous criminals would be granted clemency is practically non-existent.

.... '<

o =' utilize sentencing by the jury in Juror Awareness of capital cases, there is an absolute Alternative Sentencing prohibition against any evidence or argument on parole. 49 As a In America, juries are the result, jurors are left to their own voice of the people. As with the misperceptions. public at large, those who have served as jurors often prefer In one Georgia death penalty alternative sentences to the death case, the jurors were interviewed penalty. A 1992 survey of nearly after they returned their death 800 jurors revealed that only sentence. Their comments 41 % supported the death penalty clearly indicated that they were if alternatives like life without considering sparing the parole were offered. 47 But just defendant's life but were swayed as the public is unaware of the by the belief that he would be out fundamental changes in U. S. m seven years: sentencing which have led "Some of the jurors were to longer sentences, so, too, those wanting to know would he with the responsibility for get out in like seven years considering death sentences are on good behavior .... If we without the correct information. were gonna' put him in Jurors in capital cases are prison, we wanted to make particularly troubled because sure he would stay there. they believe they must choose But ... we didn't really feel between sentencing someone to like he would .... we really death or allowing them to be felt like we didn 'f have released in a relatively short time. any alternative. "50 As the late Georgia Supreme Court Judge Charles Weltner The jurors in this case sent a said. "Everybody believes that a note to the judge inquiring about person sentenced to life for the meaning of a life sentence: murder will be walking the streets "Does life imprisonment mean in seven years." He went on to Mr. Rogers (the defendant) predict that the option of 20 to 25 would be eligible for parole in years parole ineligibility "would seven years or less on good lower the number of death behavior?" The Court replied: penalties that are given."48 "You are not to concern yourself with the repercussions of either The only problem with this punishment that you fix. I prediction is that Georgia law cannot tell you as to the (and the law of many other consequences of either of your states) forbids the judge from sentences that you have for your explaining anything to the jury consideration." After receiving about parole possibilities, even if this non-answer, the jurors the judge receives a direct returned a death s~atence 34 question from the panel while minutes later. 51 they are deliberating on a defendant's life or death sentence. Nor were this jury's In 23 of the 29 states which concerns or final decision unique. A recent study looked at A study by the National Legal every Georgia trial in which a Research Group demonstrated the death penalty was returned by a danger of uninformed jurors. The jury since 1973. In 70 of the study found that prospective 280 cases, the jurors interrupted jurors in a sample Virginia their deliberations to try to county: determine how soon the • Believed that a capital defendant might be released if he defendant sentenced to life were given a life sentence. In all imprisonment will likely the cases, the jurors' inquiries serve only 10 years in were rebuffed by the court and a prison; death sentence was returned. 52 According to the Prosecuting • Believed that the length of Attorney's Council of Georgia, time a capital defendant the issue of parole "arises in will actually serve when almost every capital sentencing sentenced to life trial."53 imprisonment is important to the penalty Although Georgia does not determination; have a life without parole sentence, some defendants, • Would disregard a judge's depending on their crime and instruction not to consider prior history, may be sentenced parole when sentencing a so that they are not eligible for capital defendant; and parole for 25 to 30 years. That • Would be influenced is significantly different from significantly in their release after the presumed 7 sentencing decisions by years and could clearly make a information about life or death difference in the Virginia's mandatory jury's decision. minimum sentence of 25 t; CD Interviews with jurors in years for capital II>..... other states reveal a similar defendants. 54 =:r' pattern of concern about the From this and similar studies '"d likelihood of early releasr.. In CD in other states,55 it is clear that 1:1 Virginia, those convicted of II> many jurors are sentencing people capital crimes must serve 25 -..... to death because they either lack '< years before becoming eligible adequate alternatives or because 1-1 for parole and certain repeat 1=1 they are unaware that such ...., offenders may never be 0 alternatives exist. Executions '"I considered for parole. However, based on such misinformation !3 Virginia law also forbids the jury II> represent a travesty of justice...... from considering that As the late U.S. Court of Appeals 0 information in deciding whether 1=1 Judge Alvin B. Rubin noted, the a defendant should be given a (") "widely held misconceptions life or a death sentence. Jurors CD about the actual effect of 1=1 thus proceed on grave ..... imposing a life sentence raise an CD misperceptions when making '"I unacceptable risk that the death their all-important determination. penalty may be imposed on some III ------

defendants largely on the basis of death penalty over its alternatives. mistaken notions ofparole In New York, for example, 70% of law. "56 the legislators polled thought their constituents would prefer the death Even when a state has penalty over a variety of incorporated a life without parole alternatives. In fact, over 70% of option into its choice of the people would choose the sentences, the jurors are likely to alternative of life without parole believe that the defendant will plus restitution. 60 still be released and, therefore, are more likely to return a death This research implies that a verdict. In a survey of 250 sentence which eliminates parole for potential jurors in Louisiana, an a substantial period, especially if overwhelming 92% of those coupled with a restitution polled interpreted a "life sentence requirement, is an appropriate without the benefit of , alternative. It is appropriate parole or suspension of sentence" because people prefer such an as meaning that the individual alternative to capital punishment and would still be eligible for release it protects society as well as the in a number of years. 57 death penalty. Under the present system people are being sentenced to Politicians often add to these death under the erroneous inaccurate perceptions when they assumption that, otherwise, the use the death penalty to bolster prisoner would be released early. their campaigns. For example, To the extent that jurors have been while running for governor of choosing the death sentence in past California as a pro-death penalty cases based on this assumption, the candidate, Dianne Feinstein executions which resulted are tragic claimed: "You can't expect mistakes. somebody to be deterred from committing murder if they know they will only serve four to five years."58 What she neglected to say is that for those who face the death penalty, the only alternative sentence in California is life imprisonment with no possibility ....II) o/parole. It is not surprising, .... then, that 64% of Californians erroneously believe that those sentenced under life without parole would nevertheless be bI) released. 59 = Interestingly, politicians mistakenly believe that their constituents strongly prefer the zero at age 60 and over.63 As The Effects Louisiana's district attorney, of a Life Sentence Harry Connick, Sr., said: "When a guy gets to be 60, he's not The existence of a gonna rip and run a lot. Not like stringent life sentence can either he used to."64 In addition, partially or completely eliminate convicted murderers are among the imagined need for the death the least likely offenders to repeat penalty. In some states, a life their crime, even if released. 6S without parole sentence is used as an option when the death Thus, if the death penalty penalty is not selected; in other were eliminated tomorrow, the states, like Michigan and capital defendants of most states Massachusetts, it exists as a would face life sentences with no complete replacement to capital possibility of parole. In other punishment. In Maryland, for states, they would have to serve example, the state added the lengthy minimum sentences sentence of life without parole in before even being eligible for 1987 as a choice for the jury in parole. By the time they were "When a guy gets capital cases. Jurors are released, they would be in an age to be 60, he's not specifically instructed that they group where crime is at its gonna rip and run can choose a sentence of life lowest. 66 a lot Not like he without parole instead of the used to." -Harry Connick, death penalty. In the five years Prisoners Serving Life since then, only eight new Sr., District defendants have been added to Inside prison, a number of Attorney in the state's death row. A similar wardens report that those serving Louisiana reduction in death sentences has life sentences are the best­ resulted since Oklahoma behaved prisoners in their entire introduced life without parole in system. Leo Lalonde of the 1988. That year, Oklahoma Michigan Department of sentenced 18 people to death. says of those serving Last year, there were only five life without pamle sentences: death sentences.61 In contrast, "After a few years, lifers become Florida, which doe~ not have life your better prisoners. They tend without parole, added 45 people to adjust and just do their time. to its death row in 1991.62 They tend to be a calming influence on the younger kids, Sentences with significant and we have more problems with ..... minimum terms can also provide people serving short terms."67 o the public with the protection Similarly, Alabama officials '"'S s:» from repeat offenders that they noted that their life without ...... want. An inmate released at the parole inmates commit 50% o age of 55 or 60 years old is fewer disciplinary offenses per = statistically far less likely to capita than all other types of ('") C1> engage in crime than someone in inmates combined. 68 =..... their late 20s. Violent crime C1> rates peak at age 18 and Lifers can also make a '"' then gradually decline to almost significant contribution to society in the time given them. For example, Craig Datesman at "We have taken a Graterford Prison in Restitution life and so we feel Pennsylvania coordinates a Lifers Requiring those who have it's our project to help young people who con1.t"11itted murder to make some responsibility to have had some trouble with the save a life now. " monetary restitution to the family law to go straight. "We have of the victim is strongly -Craig Datesman, taken a life and so we feel it's our supported by those choosing coordinator of a responsibility to save a life now," alternatives to the death penalty. Lifers program at said Datesman.69 Executions, of Graterford Prison in However, this sanction has not course, cut off the possibility of Pennsylvania yet been widely employed by any restitution to society or the states. Inmates generally receive family of the victim. little in the way of remuneration It is true that lengthier for work performed in prison, sentences can add to the costs of usually barely enough for imprisonment. But as a cigarettes or candy. A replacement for the death penalty, r;equirement of restitution might even a se.ntence of life without mean raising the pay for prison parole would not add . work. Nevertheless, the various significantly to the prison opinion polls discussed above population. and would, in fact, be show that a requirement of cheaper than the prolonged restitution is one of the most litigation associated with a death consistent demands by those sentence. Approximately 250 preferring alternatives to the inmates are added to death rows death penalty. around the country each year. One measure of what might Spread over the entire country, be a feasible form of restitution that is not a significant addition was included in a New York to a prison population which now opinion poll. New Yorkers were numbers over 1 million. 70 about evenly split in saying that $150,000 in restitution to the family of the victim would be either "about right" or "too little." The $150,000 restitution figure was derived from a requirement that the prisoner work 40 hours per week, 50 weeks per year, over 25 years at $3 per hour.7I While the details of a restitution plan need to be worked out, polls show that the concept is extremely important to many people and could be incorporated further into the correctional system. Many states are becoming more conscious of the needs of victims in their criminal justice systems.72 Although funds for victim assistance are often provided directly from the state Other Alternatives: budget, some states are proposing Decreasing the restitution from the work of Amount of Crime prisoners themselves. A bill before the 1993 Nebraska When considering the range legislature would abolish the of alternatives to the death state's death penalty and instead penalty, the length of impose a restitution requirement incarceration is not the only issue along with a sentence of life to be weighed. The discussion without parole. And in Arkansas, should also include alternatives "Crime prevention California, Wisconsin, Idaho, and which help reduce the risk of through Oregon, restitution to the victim's violence and murder. Crime community family can already be required of prevention through community policing and gun the offender in homicide cases.73 policing and gun control, control, employment opportunities, drug employment and rehabilitation opportunities, drug programs, early intervention for and alcohol abused and mentally handicapped rehabilitation progi"ams, early children are all alternatives to intervention for capital punishment in that they abused and lower the risk of crime in the first mentally place. handicapped Governments, of course, children are all alternatives to cannot fund every program that capital punishment presents itself. Each program, in that they lower including the death penalty, has tl.e risk ofcrime in its costs. If the death penalty the first place. " were eliminated, there would be an immediate savings of millions of dollars for counties and states which could be transferred to other programs with proven records for reducing crime.74 In the final analysis, it is these ...... alternatives which actually address the rise in violence that prompted this country's return to the death penalty.

o =

iii In my case, my own Families daughter was such a gift of Murder Victims of joy and sweetness and beauty, that to kill It is sometimes argued that someone in her name the death penalty is necessary to would have been to violate assuage the grief suffered by the and profane the goodness family of the murdered victim. of her life; the idea is For some families that may be offensive and repulsive to true. However, in a country with me. 7S 25,000 murders and 25 executions per year, only one in a In many ways, of course, the thousand families will actually death penalty is no benefit at all: receive such a "benefit." The the threat of an execution means rest may be left to wonder why that there will almost always be ttThe death penalty their loss did not merit the same a lengthy trial and years of causes family distinction. In fact, as many appeals. Over forty percent of members more family members attest, neither the death penalty cases are turned pain than other death penalty nor its alternatives back for reconsideration. 76 Once sentences. The can substitute for the tremendous a family becomes caught up in continuous loss of a loved one. A life the quest for an execution, they sequence of sentence, on the other hand, does are likely to follow a path of courtroom scenes offer a sense of finality, rendered disappointment and failure. inherent in death relatively quickly, as well as an penalty cases Ollly Many families of victims are opportunity for some restitution totally opposed to the death serve to keep or reconciliation in the future. emotional wounds penalty. They echo the thoughts raw and in pain for Marietta Jaeger's seven year of Odine Stem, former director years. " old daughter, Susie, was of Parents of Murdered Children, that no sentence can ever "equate -Marietta Jaeger, kidnapped and murdered, but she mother whose has never thought the death to the loss of your child's life daughter was penalty offered any solace: and the horrors of murder. "77 murdered Frequently, victims' families The death penalty causes recognize that the death penalty family members more pain will inflict the same pain they than other sentences. The have felt on the accused's family. continuous sequence of As one mother replied when courtroom scenes inherent asked at the funeral of her in death penalty cases only murdered son if she wanted the serve to keep emotional death penalty: "No, there's been wounds raw and in pain enough killing."78 for years .... Actually, the memory of the victim is Murder Victims Families for grossly insulted by the Reconciliation, another premise that the death of organization which deals with the one malfunctioning person grief of families, is planning a will be a just retribution major national conference and for the inestimable loss of educational program for June of the beloved. 1993 around the theme of moving from violence to healing. As an organization, they are opposed to the death penalty. The Politics of Death William Pelke, one ofthe In some states, politicians organizers of the conference and who favor the death penalty have the grandson of a murder victim, resisted stiffer sentences which summed up his belief in eliminate parole because they fear alternative sentences: that with real alternatives in place "A simple life sentence there will be no more need for the without the possibility of death penalty. In New York, for parole can ease the pain example, the politicians who have much sooner and enable succeeded in derailing Gov. the victim's family to Cuomo's alternative of life begin the process of without parole are those who healing .... As long as the favor the death penalty. They do thought remains that not hide tb,~ir manipulation of the justice has not yet been issue: they would rather have carried out, the healing criminals get out sooner than give process that must take up the death penalty as a cheap place is put on hold. "79 symbol for being tough on crime. This is what Gov. Cuomo called "the politics of death:" Life without parole is achievable immediately. The Legislature could enact it Monday. I would sign the measure Tuesday. It would apply to crimes committed the next day. In fact, the only thing preventing the next cop killer from spending every day of the rest of his life in jail is the politics of death.so ... The perennial sponsor of the death penalty in New York, Vincent Graber, Democratic Assemblyman from Erie, admitted that his Senate colleagues opposed the life ... without parole bill because its o ::s passage would make the death penalty "less of a campaign issue. "81 The New York Daily ... News, long a supporter of the ('1) '"1 death penalty, became tired of this blatant manipulation and In the end, however, people editorialized for a life without will select politicians who parole alternative: conform to their opinions. For years, the myth that Americans Why won't the Legislature love the death penalty has fueled adopt the obvious an expansion of capital alternative-life without punishment and politicians' cry parole? Because pols for more executions. But as the would rather grandstand on public's preference for the death penalty. It is alternative sentences becomes cheap political expedience, more widely known, and as those not wise public policy.82 sentences become incorporated Recently, even Graber has into law, the justifications for the "Life without acknowledged that he might have death penalty will have finally parole is to accept the life without parole disappeared. achievable sanction as the New York immediately. The legislature moves further away Legislature could 83 enact it Monday. I from overriding Cuomo's veto. would sign the As in New York, some South measure Tuesday. Carolina politicians are afraid It would apply to that the passage of life without crimes committed parole would result in less the next day. In fact, the only thing support for capital punishment. preventing the next Death penalty advocate Sen. John cop killer from Drummond (D-Greenwood), for spending every day example, strongly opposed life of the rest of his without parole legislation: life in jail is the If we pass this, you can't politics of death. " tell me that you will ever -Mario Cuomo, be able to seat a jury that Governor ofNew will vote for the death York penalty. In essence, what you're doing is asking us to vote against the death penalty.84

A similar scenario has been followed in Texas, where a number of state prosecutors have opposed Gov. Richards' life co without parole proposal. Harris 1:: County District Attorney John o Holmes stated simply: "Those 1:: 4) who ought to be confined forever ought to be e%ecuted. "85 Adequate alternatives are Conclusion indeed in place throughout the country. Almost every state now America may now be ready severely restricts even the to abandon the death penalty. possibility of parole so that People strongly prefer alternative convicted murderers will not be sentences to the death penalty released to the community for once they are given the choice. literally decades. The public The lengthy sentences which wants to be sure that murderers people prefer and which will not, in fact, be released after guarantee that convicted a few years and that the families murderers will stay behind bars of victims are compensated for are now in place in almost every their tragedy. As these state in the country. To the ingredients become standard in extent that support for the death the country's sentencing schemes, penalty continues, it is because the death penalty may once again the public in general, and jurors become a minority position in this in capital cases in particular, are country. still unaware of this fundamental change in U.S. sentencing practice.

APPENDIX

Methodology and March 1, 1993 by Used in Poll Greenberg/Lake and the Tarrance Group. The sample ..... The latest poll results cited was distributed based upon voter '< in this Report are based on a turnout in the last three nationwide telephone survey of presidential elections. A sample 1,000 registered voters of this type is likely to yield a conducted between February 28 margin of error of +/-3.1 %.

o = (") C1I =..... C1I "1 lOSee, e.g., Millions Misspent: What References Politicians Don't Say About the High Costs of the Death Penalty, The Death 1 Savannah News-Press, Mar. 23, 1986, Penalty Information Center (1992). at 7C, (quoted in Paduano & Smith , Deathly Errors: Juror Misperceptions 11 J. Horgan, The Death Penalty, Scientific Concerning Parole in the Imposition of American, July 1990, at 17 ("More than the Death Penalty: 18 Columbia Human a century of research in the United States Rights Law Review 211, 213, n.4 and other countries . . . has produced no (1987». evidence that capital punishment reduces the rate of murder or other violent 2 Lane, "Is There Life Without Parole?": crime."). A Capital Defendant's Right to a Meaningful Alternative Sentence, 26 12 See, e.g., Tabak & Lane, The Execution Loyola of Los Angeles Law Review ofInjustice: A Cost and Lack-of-Benefit 325, 390 (1993) Guror Robbins). Analysis of the Death Penalty, 23 Loyola of Los Angeles Law Review 59 (1989). 3 M. Cuomo, New York State Shouldn't Kill People, The New York Ti~es, June 13 Radelet, Bedau, & Putnam, In Spite of 17, 1989. Innocence: Erroneous Convictions in Capital Cases (1992). 4 R. Bohm, L. Clark, & A. Aveni, Knowledge and Death Penalty Opinion: 14 Id. at 271. A Test of the Marshall Hypotheses, 18 15 Herrera v. Collins, No. 91-7328, slip Journal of Research in Crime and opinion, at 26 (Jan. 25, 1993). Delinquency 360, 360 (1991). 16 See Pierce & Radelet, The Role and 5 Editorial, No Parole Means What It Consequences of the Death Penalty in Says, San Francisco Chronicle , April 13 , American Polities, 18 N.Y.V. Review of 1990 (citing a governor's study covering Law & Social Change 711, 718 (1990- 1965 to 1990). 91). 6 See, e.g., H. Bedau, The Case Against 17 See P. Applebome, Black Man Freed the Death Penalty 5 (1992) (murder After Years on Death Row in Alabama, rates in death penalty states compared to The New York Times, March 3, 1993, at non-death penalty states based on the AI. U.S. Uniform Crime Reports. 1980-89). 18 CBS-TV News show "60 Minutes", 7 H. Zeisel & A. Gallup, Death Penalty broadcast Nov. 22, 1992, showed the Sentiment in the United States , 5 case unraveling with one of the chief Journal of Quantitative Criminology witnesses saying he lied at the trial. 285, 287 (1989). 19 For other examples of prosecutorial 8 See, e.g., Death Penalty Sentencing: misconduct in death penalty , see Research Indicates Pattern of Racial Killing Justice: Government Misconduct Disparities, U.S. General Accounting and the Death Penalty, Death Penalty Office, at 5 (1990). Information Center (1992). 9'- A. Gallup & F. Newport, Death Penalty 20 Information regarding the various polls is Support Remains Strong, But Most Feel on file with the Death Penalty Unfairly Applied, The Gallup Poll News Information Center. Service, June 26, 1991, at 4. 21 W. Bowers & M. Vandiver, New Yorkers Want an Alternative to the Death Some statutes have a specific sentence of Penalty, Executive Summary, appendix life without parole; in other states the summarizing other state polls (1991). restriction is in the parole regulations. In addition to the states designated by 22 Zeisel & Gallup, note 7, at 290. Wright, Colorado, Oregon, Utah and the 23 M. Leary, Counter-Trend to Death District of Columbia now have sentences Penalty Emerging in California, Pacific of life without parole for some offenses. News Service, April 20-24, 1992, at 6 33 See Funding the Justice System: A Call (reporting on California and national to Action, the American Bar Association, polls); see also Gallup & Newport, note at 54 (1992). 9. 34 B. Denson, The Pros, Cons of Throwing 24 See Bowers & Vandiver, note 21, at Away Key, The Houston Post, July 14, 3,13. 1991, at A-I. 25 Bowers & Vandiver, Nebraskans Want 35 See note 5. an Alternative to the Death Penalty, Executive Summary, at 7-8 (1991). 36 A. Malcolm, Capital Punishment Is PopUlar, But So Are Its Alternatives, 26 See Bowers & Vandiver, note 21, at 2,6. The New York Times, Sept. 10, 1989, at 27 Cambridge Survey Research, Attitudes in 4E. the State ofFlorida on the Death 37 See Denson, note 34, at A-I. Penalty, Executive Summary, at 5 (1986). 38 . J. Kerkhove, Lifer?, The Messenger, July-Sept., 1992, at 19. 28 Grasmick & Bursik, Attitudes of Oklahomans Toward the Death Penalty, 39 Letter from Robert Gold to the Death Univ. of Oklahoma, at 21, 25 (1988). Penalty Information Center, Jan. 26, 1993. 29 See, e.g., J. DeParle, Abstract Death Penalty Meets Real Execution, The New 40 See Michigan Department of Corrections tj York Times, June 30, 1991 (only 36% of Memoranda, Feb. 10, 1993 (Terry (1) those in a Justice Department survey Murphy), and April 11, 1991. II' r+ voted for the death penalty in simulated =r 41 For example, all 36 States that authorize cases typical of those punishable by 'i:l capital punishment have provisions for (1) death). =:I clemency. Herrera v. Collins, No. 91- II' 30 See Lane, note 2, at 333. 7328, slip opinion, at 23, n.14 (Jan. 25, -r+ 1993). '< 31 Marquart & Sorenson, A National Study ...... of the Furman-Commuted Inmates: 42 M. Radelet, Clemency in Post-Furman ...,=:I Assessing the Threat to Society from Cases, manuscript (Nov. 29, 1991). 0 '"I Capital Offenders, 23 Loyola of Los 43 See notes 5, 38 & 40 above. =:! Angeles Law Review 5, 23 (1989). II'.....

44 Herrera, No. 91-7328, slip opinion, at 20 0 32 See J. Wright, Life-Without-Parole: An (footnotes omitted). =:I Alternative to Death or Not Much of a C":l Life At All?, 43 Vanderbilt Law Review 45 M. Leary, Counter-Trend to Death (1) 529 (1990) for state statutes regarding Penalty Emerging in California, Pacific ....=:I (1) life without parole sentences, especially News Service, April 20-24, 1992, at 6. '"I at notes 70-129 and accompany text. iii 46 E. Kolbert, As Vote on Death Penalty 59 Californians' Attitudes About the Death Nears, Cuomo Advocates Life Penalty: Results of a Statewide Survey, Sentences, The New York Times, June public opinion poll implemented by the 19, 1989. Field Research Corporation in Dec., 1989. 47 The View From the Jury Box, The National Law Journal, Feb. 22, 1993, at 60 See Bowers & Vandiver, note 21, at 3 & S2. 9. 48 See note 1. 61 Death Slip as No-Parole Grows, The Daily Oklahoman, Nov. 10, 1992. 49 See Paduano & Smith, Deathly Errors: Juror Misperceptions Concerning 62 Bureau of Justice Statistics, Capital Parole in the Imposition of the Death Punishment 1991, at 8 (October, 1992). Penalty, 18 Columbia Human Rights 63 See Bureau of Justice Statistics, Report Law Review 211, 216 (1987). to the Nation on Crime and Justice, 50 See Lane, note 2, at 390 (emphasis Second Edition, at 41-42 (March, 1988). added). Ten of the twelve jurors 64 B. Denson, see note 34. expressed similar concerns. 65 See Marquart & Sorenson, note 31. In 51 Id. at 383. 1972, all the existing death sentences 52 Id. at 334. were overturned by the Supreme Court's decision in Furman v. Georgia. In 1989, 53 Id. at 334, n.42. Marquart and Sorenson looked at the 54 See W. Hood, Note: The Meaning of cases of the 558 inmates whose death "Life" for Virginia Jurors and Its sentences were commuted to life Effect on Reliability in Capital imprisonment by Furman. Of these, 243 Sentencing, 75 Virginia Law Review of the inmates were released to the 1605, 1624-25 (1989). community. Only one of those released committed a new homicide. Id. at 22-24 55 See, e.g., Dayan, Mahler, & Widenhouse, Searching for an 66 See note 63 (ages of those arrested for Impartial Sentencer Through Jury violent crime); see also Capital Selection in Capital Trials, 23 Loyola Punishment 1991, note 62, at 10 (ages of of Los Angeles Law Review 151, 164- those admitted to death row). 176 (1989). 67 Katz, In MiCh., Life Withl!ut Parole, 56 King v. Lynaugh, 828 F.2d 257, 260 Newsday, June 20, 1989, at 5. Thomas ....C1.l (5th Cir. 1987) (emphasis added). Coughlin, (former) Commissioner of the New York State Department of ~ 57 Cypress Research and Development Correctional Services made simila.r Corporation, letter and report to the ""0 statements about "true lifers" in New ~ Loyola Death Penalty Resource Center, York. See Tabak & Lane, note 12, at Aug. 31, 1990. t>I) 124-25. I=l 58 The Sunday Times (London), Mar. 18, Q 68 See Wright, note 32, at 549. I=l 1990 (quoted in G. Pierce & M. C1.l ..... Radelet, The Role and Consequences of 69 S. Eisele, Lifers Help Youths Stay Out of ~, C1.l the Death Penalty in American Politics, Jail, Philadelphia Inquirer, Mar. 20, r:J:l 18 N.Y.U. Review of Law & Social 1991, at I-B. EI Change 711, 725 (1990-91». 70 See M. Mauer, Americans Behind Bars: 80 M. Cuomo, New York State Shouldn't A Comparison ofInternational Rates of Kill People, The New York Times, June Incarceration, The Sentencing Project, 17, 1989. at Table 1 (Jan., 1991). 81 M. Humbert, Annual Death Penalty 71 W. Bowers & M. Vandiver, People Battle Resumes in NYS, The Cortland Want an Alternative to the Death Standard, Feb. 5, 1990, at 11. Penalty: A New Look at Public 82 Instead ofDeath Penalty, Lift Without Opinion, (draft, to .be published in Law Parole, Editorial, The New York Daily & Society Review), Jan. 15, 1993. News, May 20, 1992, at 34. 72 See, e.g., B. Galaway, Restitution As 83 Jolt to Death Penalty: Voters Reject 2 of Innovation or Unfilled Promise?, 52 Its Backers, N.Y. Daily News, Sept. 13, Federal Probation 3 (1988). 1990, at 11. 73 See Restitution: Eligibility/Types of. 84 Coley, Senate Eliminates Life Without Restitution Allowed (Draft), National Parole Sentence, UPI, March 19, 1986. Victim Center, Arlington, VA (1993). 85 S. Friedman, No-parole Irks Prosecutors, 74 See, e.g., A1illions Misspent, note 10. Houston Post, May 6, 1991, at A-I. 75 Letter from Marietta Jaeger to the Death Penalty Information Center, Feb. 17, 1993. 76 Memorandum to Senator Joseph Biden, Chairman, Senate Judiciary Committee, from James S. Liebman, Professor of Law, Columbia University School of Law: Rate of Reversible Constitutional Error in State Capital Convictions and Sentences that Underwent Federal Habeas Corpus Review Between 1976- 1991 (Revised), July 15, 1991, at 4; see also Editorial: Virginia Murder, Federal Review, The Washington Post, Dec. 6, 1991. Forty percent of the cases that survive review in state court are reversed in federal courts. 77 Payton, How Parents of Slain Children Cope, Oakland Tribune, Mar. 6, 1987, at C7. 78 T. Mathis, I The Voice 2, publication of Murder Victims Families for o Reconciliation (March 1992) (quoting = her mother). 79 Letter from William Pelke to the Death Penalty Information Center, Feb. 7, 1993. The Death Penalty Information Center is a non-profit organization serving the media and the public with analysis and information on issues concerning capital punishment. The Center prepares in-depth reports, issues press releases, conducts briefings for journalists, and serves as a resource to those working on this issue. The Center is a project of the MacArthur Justice Center.