Gil Garcetti: Death penalty cases not a smart use of limited funds






Here's how a death penalty case works through the criminal justice system:

A highly skilled prosecutor decides on the formal charges. After a court hearing and a judge has concluded that there is a strong suspicion that the accused committed the crime, a special circumstances committee considers the case with the chairperson of the committee making the final decision pending review by the D.A.

If the decision is to seek the death penalty, many months -- and often more than a year -- go by before the trial begins. If the jury returns a guilty verdict of murder in the first degree with "special circumstances," the penalty phase or second trial immediately takes place. If the jury cannot arrive at a unanimous decision, the penalty portion of the case might be retried in front of a new jury. If the jury imposes a death penalty verdict, the more than a decadelong appellate phase begins.

The process is onerous and complicated. It has to be. Death is not reversible.

Today each death penalty case takes an average of 25 years, with most inmates dying before the process is complete. This costs taxpayers like you and me $184 million every year. Any legislative attempt to expedite the process would mean more lawyers, more experts, and more special housing for Death Row inmates, plus an additional $85 million every year, according to federal judge and death penalty supporter Arthur Alarcón.

There is no support in the Legislature for the extra costs and we clearly don't have the money to try to expedite death penalty cases.





Gil Garcetti is a former Los Angeles district attorney.