FAQs about
New York State's death penalty
Did you know?
There are compelling concerns about unfairness and wastefulness in New York's death penalty. In June, 2004, the Court ruled that New York’s death penalty statute was unconstitutional, giving New Yorkers an unprecedented opportunity to look at our state's 10-year death penalty experiment and decide whether we really want the death penalty back.
Consider the facts:
Q - Is there really a risk of executing an innocent person?
A - Yes, the risk is real.
Since 1973, at least 122 innocent people have been sent to death row across the country and later exonerated.
In New York State, many innocent people have been sentenced to life for murders they did not commit. Bobby McLaughlin, an innocent man convicted of murder in New York and sentenced to life in prison, put it most powerfully when he said: "If there was a death penalty in New York [when I was convicted], I would now be ashes in an urn in my parents' living room."
In New York City, the five young men convicted in the Central Park Jogger rape case were found innocent eleven years later, in 2002, even though they had confessed to the crime. At the time of the crime Donald Trump took out a full-page ad to say that he wished New York had the death penalty for these men.
Commissions in both Illinois and Massachusetts studied the death penalty and made dozens of recommendations to reduce the risk of executing the innocent. The Illinois Commission added that even if all 85 of its recommendations were put in place, the risk would not be eliminated completely. Yet New York has not incorporated most of these recommended reforms into its criminal justice system and death penalty proponents in the New York State Legislature have shown no interest in addressing them.
Q - Do racial, economic, and geographic factors and human bias affect who gets a death sentence?
A - Statistics suggest they are often decisive.
In New York State, those accused of murdering white victims are about twice as likely to face the death penalty as those who murder black victims, according to a recent study by the Center for Law and Justice in Albany.
Although only 30% of first degree murder cases in New York from 1995 through 2004 involved a white victim, 48% of the cases in which a prosecutor sought the death penalty involved a white victim. In contrast, while 42% of cases involved a black victim, 30% of cases in which prosecutors sought the death penalty involved a black victim. In 20% of first degree murder cases, the victim was Hispanic, while 14% of cases where the death penalty was sought involved a Hispanic victim. (NYS Capital Defenders Office) Race does matter in the New York State capital punishment system.
Almost all people accused of death-eligible crimes are impoverished and cannot afford to hire their own attorneys.
Six counties account for the majority of the cases in New York State where the death penalty has been sought. Three of the seven defendants (43%) sentenced to death were from Suffolk County.
Although upstate counties experience approximately 20% of all homicides, they nonetheless account for 65% of all capital prosecutions. (NYS Capital Defenders Office).
In the 10 years when New York had a functioning death penalty statute, only one of its 62 district attorneys was African American, and he was the only district attorney removed from a case by Governor Pataki for declining to seek the death penalty.
Nicholson McCoy, a black, man, was sentenced to death by an all-white jury for the murder of a white woman. “The prosecutor summarily rejected virtually all of the available black, Hispanic, and Asian jurors in a racially-charged capital murder case involving a black defendant and a white victim.” (Brennan Center for Justice).
Nationally, gay defendants have their sexuality used to portray them as "inhuman" and "predatory." Dick Dieter, Executive Director of the Death Penalty Information Center, explains, "There's no legal formula for who gets the death penalty. And anyone who seems outside the bounds of what's acceptable is more likely to end up being executed." New York State is not immune to such bias.
Q - How do New York’s death penalty statues deal with mental illness?
A - They don’t.
Mental illness can lead to false confessions, an inability to assist in one’s own defense and a failure to truly comprehend the criminal justice system.
Defendants with mental illness often refuse to let their attorneys bring it up during the sentencing phase of capital cases. Although the Court of Appeals based its June, 2004 decision in the Lavalle case on the sentencing protocol, the mental health issue also came up. The defendant, John Lavalle, had instructed his lawyers not to reveal that he had been abused as a child, nor to present evidence of his mental illness. He did not want his painful family history aired in public. In response to a question from Chief Judge Judith Kaye, Assistant Attorney General Luke Martland argued that Mr. LaValle's constitutional right of self-representation "trumped" the state's interest in making sure that its death sentences are appropriate and fair.
No special provisions in New York's death penalty law protect the mentally ill. In other death penalty states, people with severe mental illnesses (such as schizophrenia and bi-polar disorder) are regularly put to death under laws very similar to the New York statute. Courtroom demeanor of people with mental illness can make it easier for a prosecutor to describe them as “monsters.”
No death penalty statute in the U.S. forbids the execution of the severely mentally ill. The execution of those with mental illness or "the insane" is clearly prohibited by international law. Virtually every country in the world except the U.S. prohibits the execution of people with mental illness.
The National Mental Health Association opposes the death penalty due to a system wide failure to adequately address issues of mental health in all phases of a criminal prosecution. It is estimated that up to 10% of the people on death row in the United States are suffering from severe mental illness.
Q - Don’t most New Yorkers support the death penalty?
A - In fact, New Yorkers prefer life without the possibility of parole.
In March 2005, a Siena College survey found that only 29 percent of New Yorkers support death for first-degree murderers. Fifty-six percent said life in prison without parole is a more fitting punishment. Asked straight up if the death penalty has a place in New York law, 42 percent said yes, 46 said no.
• Support for the death penalty has dropped a full 15% since the early 1990’s. Even when no alternatives are offered, death penalty support in New York is among the lowest in the nation.
The New York State Assembly recently concluded five full days of hearings on the death penalty. More than 90% of the more than 170 witnesses testified against bringing the death penalty back. The hearings highlighted problems of racial bias, geographic disparities, wrongful conviction, juror confusion, and other flaws that can never be fully eliminated.
Hundreds of organizations across New York have called for a moratorium on executions while the system's many flaws are examined. The "quick fix" passed by the Senate does nothing to address these flaws.
Most major religious groups support abolition of the death penalty. Supporters include: American Baptist Churches in the USA, Disciples of Christ, The Episcopal Church, Evangelical Lutheran Church in America, Mennonite Church, Orthodox Church in America, Presbyterian Church USA, Reformed Church in America, Unitarian Universalist Association, United Church of Christ, The United Methodist Church, the US Catholic Conference, the Central Conference of American Rabbis and the Union for Reform Judaism.
Q - Don’t murder victims’ family members have a right to see justice done?
A - Many murder victims family members oppose the death penalty.
Murder Victims Families for Reconciliation, and The Journey of Hope and Murder Victims Families for Human Rights are victims' advocacy groups that are opposed to the death penalty. Family members of murder victims founded these organizations. They provide support to family members of murder victims. Many of their members tour the country, explaining their opposition to the death penalty. They have explained that “we believe that our own grief will not be lessened by causing pain to others. Executions create more grieving families”. (Murders Victims Families for Reconciliation) and “the death penalty just continues the cycle of violence that only creates more victim family members.” (Bill Pelke, Journey of Hope)
The speakers' stories contrast starkly with the myths often used to support the death penalty, such as its supposed cathartic power for victims. After an execution, many victims are left with the same gnawing pain and anger they hoped the execution would ease.
Q - Doesn’t a life-in-prison sentence waste time and money that could be better spent elsewhere?
A - On the contrary, it is the death penalty that is expensive and inefficient.
Since New York reinstated the death penalty in 1995, New York taxpayers have spent at least $200 million pursuing capital cases without a single execution taking place.
Most state studies have found that a system of life without parole is significantly cheaper than the death penalty system, even when including the costs of long-term imprisonment. The death penalty's cost diverts resources from other areas, including crime prevention and help for victims.
• When New York’s death penalty statute was enacted, our state did not have life without parole on the books. Now that such an option is available, the death penalty is not needed to keep convicted murderers off the streets.
The cost of state executions is not just economic. Corrections offices, juries, judges and prosecutors have spoken about the huge emotional toll of the process.
The death penalty is not a deterrent. In Rochester, for example, where prosecutors sought the death penalty a number of times in the 1990’s, the crime rate went up, while, in the same period, the crime rate in Manhattan, where the death penalty has not been sought since the 1960’s, it dramatically declined. Nationally, murder rates in non-death penalty states have remained consistently lower than rates in states with the death penalty. (Death Penalty Information Center)
Q - Where do things stand now?
A - The death penalty could be reinstated at any time.
On April 12, 2005, 10 months after the State Appeals Court ruled that New York State's death penalty was unconstitutional, the New York State Assembly's Codes Committee defeated a bill to reinstate it. The committee's vote reflected testimony presented at five separate hearings held by Assembly committees and a flood of letters and calls from death penalty opponents. At present, those convicted of the worst offenses face life in prison without parole, not death row.
However, a number of our supporters in the Assembly will be retiring and the death penalty is likely to be brought up again by the State Senate in 2006. We need to get out the facts to all our State Legislators (Assembly and Senate) and to friends, families and colleagues.
If you do not know where you stand on this issue, we suggest that you look at the Fact Sheet and Action Alerts listed in the left column of our home page.
New York can live without the death penalty. Let it die.