Fifty-four percent of the counties in which a death sentence has been imposed
have had 33 death sentences overturned because of serious, constitutional flaws
in their trials.
Thirty-seven percent (13) of the counties where death sentences have been
imposed have a 100% error rate with all 17 death sentences handed down reversed.
Fewer than half (16) of the counties that have imposed a death sentence have
done so without committing serious constitutional errors leading to reversal. Of
course, some of these cases have not run their course, so this could change.
Only 35 of the 120 Kentucky counties have sentenced anyone to death; and 60% of
all death sentences have come from just 8 counties. In those 8 counties 60% of
the death sentences imposed have been overturned by the courts due to the
violation of the defendants' right to a fair trial.
All Kentucky tax payers foot the bill for decisions made by a few prosecutors.
None of the above takes into account all the costs involved when a Commonwealth
Attorney announces he or she plans to seek death in cases where the real
intention is to plea bargain for life without parole. There is a growing list of
cases like this where the result is a conviction on far lesser crimes than
capital murder and even acquittals.