In recent weeks, two senior Republicans in the State Legislature--Sen. Alan Lasee, R-De Pere, and Rep. Dean Kaufert, R-Neenah--declared their intention to bring capital punishment to Wisconsin. Specifically, Lasee will introduce a death penalty bill in the Senate, just as he has in previous sessions. Meanwhile, Kaufert will offer a resolution that would put the issue to a non-binding referendum with the hope that a successful result would force the hand of Gov. Jim Doyle, a death penalty opponent.
Their declarations are unsurprising. Given the fact that the Legislature is under Republican control, and the fact that they hold important gatekeeping positions--Lasee as Senate President, and Kaufert as co-chair of the Joint Finance Committee--it's logical they would mount a concerted effort in this biennium. And the recent history of death penalty legislation bears out their thinking. The last close call for Lasee's bill came in 1996, which was also the last time both chambers were in GOP hands. His bill died without a vote, but Lasee's informal headcount had him only three votes shy of Senate passage. Now, with an 18-15 Senate and a 58-41 Assembly, there is a greater margin for error, and hence, a greater probability of success.
As I said, Lasee and Kaufert have shocked no one. Still, their announcements are rather maddening. To put it bluntly: There is absolutely no reason why Wisconsin should become the 39th state to authorize capital punishment. And yet there they are, attempting to send Wisconsin down this dark and dangerous road.
The arguments against the death penalty are well known by now. But it is worth repeating a few of them:
--The death penalty is mistake-prone. Now, I could simply invoke Illinois and move on. However, it is important to recognize the fact that the problems found in Illinois are not confined there.
Consider Maryland. A recent University of Maryland study, which reviewed all capital homicides between 1978 and 1999, showed that race was a significant factor in determining whether or not a defendant would be condemned. To be precise: The study showed that a black defendant who is accused of killing a white person is much more likely to be sent to death row as compared to defendants in homicide cases with any other racial combination. The study also found that the imposition of death sentences is substantially more likely in some counties than others. For example, a defendant in the suburbs surrounding Baltimore is about 23 times more likely to be condemned than a defendant tried in the city proper.
The bottom line is this: If capital punishment comes here, the problems in other states--informant testimony, plea bargains, demographic disparities and the rest of it--will be part of the package. This will lead to errors and, ultimately, to the taking of innocent lives.
--Capital punishment is not a deterrent to violent crime. According to the most recent figures from the U.S. Department of Justice's Office of Justice Statistics, states that prohibit capital punishment have comparatively low violent crime rates. Of particular note is the fact that, of the 15 states which have executed more than 10 inmates since 1976, only five attained per capita violent crime rates that were below the national average. Moreover, only one of these 15 states--Virginia--lies on the bottom half in violent crime rates, while five of the 15 reside in the top 10. By contrast, Wisconsin ranks 42nd, with a per capita rate less than half the national standard.
--The death penalty is costly in financial terms as well. Based on official fiscal estimates that were attached to the most recent death penalty bill, installing capital punishment in Wisconsin would require a substantial investment. The state would have to build a death row, add correctional staff to cover the unit, house the condemned, provide additional funding to the Wisconsin Department of Justice's Criminal Appeals Unit and possibly provide for legal counsel through the State Public Defender's office. Counties, meanwhile, would have to bear the cost of holding defendants during an extraordinarily lengthy pretrial process and a two-phase trial. All told, condemning a defendant would certainly cost much more than simply placing him or her in custody for life. And in these tight fiscal times, that represents an expense that is beyond our means.
To be sure, Lasee, Kaufert and their allies will attempt to play on our emotions. They will place families of murder victims before the cameras, who will appeal for closure and--above all else--for justice. And yet, as the stories of survivors break our hearts, we must remember to keep our heads. Installing capital punishment will not promote justice. Indeed, it will pervert justice, just as it perverts justice in every state where it is implemented.
