Footnotes for "What Politicians Don't Say About the High Costs of the Death Penalty," by Richard C. Dieter.

  1. S. Magagnini, "Closing Death Row Would Save State $90 Million a Year," The Sacramento Bee, March 28, 1988, 1.
  2. Kansas Legislative Research Department study, cited in D. Von Drehle, "Bottom Line: Life in Prison One-sixth as Expensive, The Miami Herald, July 10, 1988, 12A.
  3. C. Hoppe, "Executions Cost Texas Millions," The Dallas Morning News, March 8, 1992, 1A.
  4. D. Von Drehle, "Bottom Line: Life in Prison One-sixth as Expensive," The Miami Herald, July 10, 1988, 12A.
  5. Magagnini, see note 1.
  6. The New York Dept. of Correctional Services study cited in Moran & Ellis, "Death Penalty: Luxury Item," New York Newsday, June 14, 1989, 60; see also the Massachusetts Bar Association Section News, "The Dollar and Human Costs of the Death Penalty," April 1992, 5.
  7. Funding the Justice System: A Call to Action , a report by the American Bar Association, August 1992, ii, 3 (emphasis in original) (hereinafter ABA Study).
  8. Id. , 16.
  9. M. Garey, "The Cost of Taking a Life: Dollars and Sense of the Death Penalty," 18 University of California Davis Law Review, 1221, 1261 (1985).
  10. ABA Study , see note 7 at 21.
  11. Von Drehle, see note 4.
  12. Id.
  13. Moran & Ellis, see note 6 at 62.
  14. ABA Study, see note 7, Table: Indicators of a National Problem: 1991, ii-iii.
  15. Id. , Attachment, 54.
  16. L. Bienen, "No Savings in Lives or Money with Death Penalty," The New York Times, Aug. 7, 1988; see also D. Grothaus, "Death, Dollars and the Scales of Justice," The Houston Post, Dec. 7, 1986, 3B (Harris County, with almost half of the state's capital cases, spent $86.3 million since 1980).
  17. ABA Study, see note 7 at 18.
  18. Id. , Attachment, 18.
  19. Testimony of Carole Carpenter on behalf of the National Association of Counties before the U.S. Senate Subcommittee on Juvenile Justice, April 29, 1992, 7.
  20. Harshbarger, "Statement on Reinstating the Death Penalty in the Commonwealth," Massachusetts Bar Association Section News, see note 6 at 3.
  21. Tabak & Lane, "Judicial Activism and Legislative 'Reform' of Federal Habeas Corpus: A Critical Analysis of Recent Developments and Current Proposals," 55 Albany Law Review, 1, 31 (1991).
  22. Magagnini, see note 1.
  23. Magagnini, "Sierra County Robs Police to Pay Lawyers," The Sacramento Bee, March 28, 1988.
  24. Telephone conversation, Sept. 15, 1992.
  25. See Magagnini, note 2; see also Corenevsky v. Superior Court of Imperial County, 682 P.2d 360 (Calif. 1984).
  26. "Commissioners Jailed Over Fees," American Bar Association Journal, February 1992.
  27. "Lincoln Commissioners Pick Jail Over Legal Fees," The Atlanta Constitution, Oct. 24, 1991.
  28. K. Wood, "Can State Afford Fourth Prosecution of Spraggins?" Fulton County Daily Report, March 3, 1988, 1.
  29. "Maxwell Murder Trial May Up Kemper Taxes," The Meridian Star (Mississippi), July 21, 1992; telephone conversation with Michael Luke, Sept. 11, 1992.
  30. "Public Defender System Needed," The Yazoo Herald, July 6, 1991.
  31. Hoppe, The Dallas Morning News, see note 3.
  32. Id.
  33. J. Painter, "Death Penalty Seen as Too Costly for Oregon's Pocketbook," The Oregonian (Portland), July 27, 1987.
  34. Kansas, for example, estimated that the annual cost for implementing the death penalty would be $11.4 million, of which $9.2 million would be for trial costs (Kansas Legislative Research Dept. Memorandum, February 11, 1987). New York estimated a cost of $1.8 million per case, through the first level of appeals, of which $1.5 million would be trial costs (Capital Losses: The Price of the Death Penalty for New York State, NY State Defenders Association, Albany 1982).
  35. Magagnini, see note 1.
  36. M. Hansen, "Politics and the Death Penalty," The Palm Beach Review's Florida Supreme Court Report, Feb. 25, 1991, 10B, 26B.
  37. D. Kaplan, "Death Mill, USA," The National Law Journal, May 8, 1989, 40.
  38. See Capital Losses, note 34.
  39. U.S. Dept. of Justice, Uniform Crime Report, preliminary annual release, April 26, 1992; see also Richmond-Times Dispatch, April 27, 1992, for chart of 25 cities based on the Uniform Crime Report.
  40. G. James, "In Every Category, Crime Reports Fell Last Year in New York City," The New York Times, March 26, 1992, A1.
  41. The New York Times , Aug. 4, 1992, chart at B2.
  42. C. Wolff, "Brown Legacy: Community Policing," The New York Times, Aug. 4, 1992, B2.
  43. E. Meyer, "Policing With People in Mind," The Washington Post, June 15, 1992, A1, 8.
  44. T. Squitieri, "Murder Rate is Up in Usually Slow First Quarter," USA Today, April 3, 1992, 8A.
  45. National Association of Chiefs of Police, 4th National Poll, 1991.
  46. K. Cullen, "Death Penalty Criticized by County Prosecutors," The Boston Globe, Jan. 26, 1992.
  47. S. Harshbarger, see note 20.

  48. "Death, Life and the Presidency," The New York Times, Jan. 25, 1992.

  49. J. Kennedy, "Why Houston Leads in Death Row Cases," The Los Angeles Times, July 2, 1992 (Washington edition).

  50. See note 39.

  51. "Republican Leaders Praise Atwater After Memo Flap," The Courier-Journal (Louisville, KY), June 17, 1989.

  52. M. Wines, "Bad Economic News Forces Bush to Refocus Re-election Strategy," The New York Times, July 4, 1992, A1.
  53. D. Von Drehle, "A Broader Federal Death Penalty: Prelude to Bloodbath or Paper Tiger?" The Washington Post, Nov. 29, 1991, A29, quoting Franklin Zimring, director of the Earl Warren Legal Institute.

  54. Letter from Robert D. Reischauer, Director of the Congressional Budget Office, to Charles E. Schumer, Chairman of the House Subcommittee on Crime and Criminal Justice, Sept. 20, 1991.

  55. H. Dewar, "On Capitol Hill, Symbols Triumph," The Washington Post, Nov. 26, 1991, A1.

  56. K. Sack, "Arkansan Portrayed as Soft," The New York Times, Aug. 25, 1992, A18.

  57. E. Dionne, "Clinton Charges Bush With Inaction on Crime," The Washington Post, Feb. 22, 1992.

  58. See note 39.

  59. S. Grady, "Savagery of Bush-Dukakis Race Lingers," The Albuquerque Journal, March 14, 1990.

  60. S. Attlesey, "GOP Launches New Ad Attack Against Richards," The Dallas Morning News, Sept. 29, 1990.

  61. C. Pesce, "Houston Fears It's Being 'Eaten Up By Crime,'" USA Today, Oct. 21, 1991.

  62. M. Oreskes, "The Political Stampede on Execution," The San Francisco Daily Journal, April 21, 1992, 7.

  63. L. Mecoy & H. Sample, "Candidates Waffle on Execution," The San Francisco Daily Journal, April 21, 1992, 7.

  64. J. Miller, "Counties Brace for Cuts in Police and Other Services," The Los Angeles Times, Sept. 1, 1992 (Washington edition), quoting Grover Trask, Riverside County District Attorney.

  65. See Magagnini, note 2.

  66. D. Gates, Chief: My Life in the LAPD (1992), quoted in Newsweek, May 11, 1992, 39.

  67. "Blacks and Cops: Up Against the Wall," Newsweek, May 11, 1992, 52-3, quoting Wesley Skogan of Northwestern Univ.

  68. G. Ifill, "Kemp Attacks GOP Challenger to Cuomo," The Washington Post, June 7, 1990.

  69. "A Welcome Defeat for Death," The New York Times, Nov. 14, 1990 (editorial), A28.

  70. "Instead of Death Penalty, Life Without Parole," The New York Daily News, May 20, 1992, 34.

  71. M. Humbert, "Annual Death Penalty Battle Resumes in NYS," The Cortland Standard, Feb. 5, 1990, 11.

  72. "Black Leaders Demand that Flynn Apologize," The Boston Globe, Jan. 5, 1990.

  73. B. Medlyn, "Arizona Child Crime Laws Among Toughest, Officials Say," The Phoenix Gazette, July 9, 1988, B12.

  74. The Salisbury Post, May 5, 1990 (advertisement).

  75. P. Manson, "Woods Fought Death Penalty as a Lawyer, Now Backs It," The Arizona Republic, March 17, 1992.

  76. K. Wood, "Plea Deal Lets DA Avert Abashment," Fulton County Daily Report, Oct. 22, 1990.

  77. See C. Willis, "Lawyers Accuse Jasmin of Prosecuting Case for 'Political Gain,'" The Courier-Journal (Louisville, KY), Feb. 25, 1992, B1.

  78. Letter from Stenberg to the Chief Deputy Clerk of the U.S. Supreme Court, Aug. 4, 1992.