Study Committee Gets the Facts

I spent several hours on Monday and Tuesday of this week at Legislative Plaza as the study committee on the administration of the death penalty began its year long examination of Tennessee’s death penalty. Even in just two days of meetings, so many issues were raised with the current system that this distinguished group will have a very difficult time finishing their work in a year.

For example, the Comptroller’s office testified that there is little accurate data in Tennessee to understand the real cost of the death penalty to tax payers of this state. The Comptroller attempted a study a few years ago but readily admitted to the committee that much of the data that they needed to perform a thorough and reliable study was simply unavailable. In other words, Tennessee has no idea of the amount of money that the death penalty is costing.

Even more problematic, the lack of adequate defense counsel for those charged with a capital crime was a recurrent theme. The legislators seemed shocked to learn that almost no one on Tennessee’s death row could afford an attorney at the time of their trial. Furthermore, the lack of resources, extreme caseloads, and lack of compensation for defense attorneys are all very serious issues in determining whether or not someone gets an adequate defense in court.

Other issues which were raised: the lack of a true proportionality review in Tennessee, the lack of specific guidelines for District Attorneys to use in determining when to seek the death penalty, the economic, racial, and geographic disparities in who receives the death penalty, and of course, the issues with the state’s lethal injection protocol.

All of this information was revealed in only two days of testimony. Of course, we at TCASK have been highlighting all of these problems for years and are so grateful that this legislative committee is taking the time to truly listen and consider the reasons why this public policy is so broken. We will continue to follow this work of this committee closely as the members reconvene in the next couple of weeks. I am very impressed with the committee and the seriousness with which they are taking this work. Hopefully, much more will be revealed as the they dig deeper into the death penalty allowing the public to get a better picture of just how broken the system is. Read more here.

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