Capital punishment or LWOP

Why Capital Punishment Costs More

The exorbitant cost of the death penalty is primarily driven by the complex, mandatory legal process designed to prevent wrongful executions. These extra costs occur in three main stages: the trial, the appeals process, and incarceration.

1. Pre-Trial and Trial Costs

Increased Investigative Costs: Capital cases require extensive, time-consuming investigation to establish guilt and to gather comprehensive mitigating evidence for the sentencing phase.

Mandatory Two-Part Trial: A capital case is essentially two trials in one:

The Guilt Phase (to determine guilt).

The Penalty Phase (to determine if the death sentence is appropriate). This requires separate evidence presentation and jury deliberation.

Sample Answer

The death penalty, or capital punishment, costs significantly more than life imprisonment without parole (LWOP).

💰 Cost Comparison: Capital Punishment vs. LWOP

The general consensus among state studies conducted over the last few decades is that the average death penalty case costs two to five times more than an LWOP case.

Specific Estimates: While costs vary by state, many analyses show the cost of a single death penalty case, from arrest to execution, can range from $1 million to over $3 million, compared to approximately $500,000 to $1 million for an LWOP case covering the defendant's entire incarceration time.

LWOP Costs: While LWOP is a lengthy sentence, the costs are relatively stable: trial expenses (which are simpler), and the cost of housing the inmate for life.