Bifurcated proceedings, juries involved in sentencing, and an automatic appeal have become necessities in capital cases. Further, appeals must not simply be a rubber stamp. The appeals court must determine whether there was actual prejudice to the defendant, whether the evidence supported the jury's findings, and whether the sentencing was disproportionate to sentences imposed in similar trials. A review of two recent death penalty cases demonstrates the significant costs involved. The total cost of these cases is estimated at between $2 and $5 million. The investigation conducted by police and prosecutors in capital cases must be more thorough than in noncapital cases. Motion practice is much more extensive in capital cases. In addition, almost every capital defendant is poor and taxpayers invariably pay defense costs. Jury selection consumes much more time and money in capital cases, a person sentenced to death is given an automatic appeal, and trial process errors escalate costs. Public opinion is beginning to shift toward alternatives to capital punishment because the death penalty has outlasted its moral utility and cost-effectiveness. 140 footnotes