Capital punishment has been a long-contested debate across the U.S., and Kentucky is one of 31 states which currently authorizes the death penalty, while 19 states and the District of Columbia do not. The term “death penalty” is often, and understandably, interpreted in a literal sense, but a death penalty sentence is complex.
Of the 31 states that still impose death penalty sentences as a form of capital punishment, it’s very rare for a subject to actually be put to the death. The Pew Research Center (PRC) says a considerably small number of states use the death penalty regularly. The PRC shows Kentucky hasn’t authorized an execution in at least five years.
Daviess County Commonwealth Attorney Bruce Kuegel said the death penalty sentence is normally sought against a suspect in a homicide case because the sentence carries a longer and, likely, a life sentence, without the possibility for parole.
“The penalty for murder is not less than 20, 50, to life,” Kuegel said. “If a person receives life on a murder charge, and they are sentenced to 24 years or more, their parole eligibility will be at 20 years, and they will be credited with any other jail time they may get.”
In Kuegel’s hypothetical case, and without prosecution seeking the death penalty, a person convicted of murder could potentially be released from prison after 20 years, if the parole board granted early release.
“A death penalty notification sparks three additional enhancements — death, life without the possibility of parole (LWOP) and life without the possibility of parole for 25 years,” Kuegel said.
A person who is convicted of murder and, therefore, sentenced to the death penalty will pick up the other two notifications even if they aren’t sentenced to execution, Kuegel explained.
Kuegel said the parole board doesn’t go easy on those who’ve committed acts of murder, but it’s possible a murderer could be released from prison. By seeking the death penalty, Kuegel said the possibility of parole is either impossible for these criminals, or they will, at the least, be issued a longer sentence before going before the parole board.
“The parole board does let people out who’ve committed horrific crimes,” Kuegel said.
Even though the act of execution is rare in Kentucky, there are organizations across the state who continue to fight to abolish the death penalty. Pat Delahanty, chairperson for the Kentucky Coalition to Abolish the Death Penalty (KCADP) says there are moral and logical reasons as to why this capital punishment should be eliminated within the state.
“In terms of a policy of trying to use the death penalty to meet out justice, that’s a totally failed approach to how you resolve violent crime,” Delahanty said. “It’s about the behavior of the people of Kentucky — both the behavior of someone who’s killed other people. Should Kentucky be in the business of killing others?”
Seeking the death penalty costs more money, according to Delahanty, who says taxpayers spend more on a death sentence than a life sentence.
“There’s a limited amount of resources and tax dollars — the death penalty is far more expensive than life without parole. The minute they decide they’re going to go death, that’s when the money starts to be spent,” Delahanty said.
However, Delahanty said he does understand why prosecutors seek the death penalty, especially in cases that contain multiple victims, or in especially heinous cases that involve high emotions from the public.
“I can understand it, but I don’t accept it,” Delahanty said. “I don’t accept it on a moral basis or a logical basis. I don’t know one of them [sentenced to death penalty] who’s seen the parole board. All we need to do is put that person in prison for life and forget about him. I do know that if we abolish the death penalty, life without parole will still be there. It can still be used as a bargaining chip.”
