Your Daily Lesson in Missing the Point
The Clarion-Ledger, a humorous Web site based here in Jackson, devoted its editorial space today to Monday's report that the Hinds County district attorney's has decided to limit its pursuit of capital sentences because of a budget shortfall. The news followed last week's report by the Death Penalty Information Center that an increasing number of states simply can't afford capital punishment. These revelations beg the question: in the poorest state in the Union, where the death penalty is meted out with some frequency but actually applied only occasionally, does the cost outweigh the benefit?
That is, unless you work for a parody tabloid like The Clarion-Ledger, which thinks the question should be this: why let a silly thing like a budget get in the way?
Death penalty cases are more expensive than others. Longtime Hinds County Circuit Clerk Barbara Dunn estimates the cost at more than $15,000 for a death-penalty trial, depending on factors such hotel and meal costs. The cost of a non-death penalty case would be significantly lower, she said.
But that's not really the point, is it? Is the death penalty so arbitrary in Mississippi that decisions about it are to be made based on budget considerations rather than on the law?
In fact, the Hinds D.A.'s decision to pick and choose its death-penalty battles based on budgetary constraints actually increases the already unacceptable risk that capital punishment will be applied arbitrarily. By admitting (as Hinds district attorney Robert Smith does with honesty) that an economic factor now enters into the decisions of prosecutors, one can only assume that the D.A.'s office will seek death penalties in cases where it is prepared to overwhelm financially indigent defendants. In other words, the poorest defendants in the system -- the ones most in need of a fair trial buttressed by all the protections afforded them under the Constitution -- will be more likely to face the gallows, not because of their cases' merits, but by virtue of the thinness of their pocketbooks.
Even when money is no object to the American system of justice, the death penalty is woefully unworkable under the U.S. Constitution. The problem is only highlighted by recent budget concerns. The solution, editorial musings notwithstanding, is not to plow ahead blindly, real-world consequences be damned, but for Mississippi to pause, take an honest look at capital punishment, and to decide whether this system, in the real world, is a weight with which we're willing to slip under the economic waves.




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