There is considerable evidence that the death penalty is applied disproportionately against minority offenders, and the issue of race and the death penalty is compounded when research shows that it is used almost exclusively in cases where the victim is white. The practical problem of ensuring that innocent persons are not executed is another problem. So as to ensure that innocent persons are not executed, the typical capital case takes 8 years from conviction to execution. The facile solution to this dilemma is to eliminate or curtail death penalty appeals, which can increase the likelihood that an innocent person will be executed. Forty percent of the death penalty cases considered by Federal courts have resulted in a finding of constitutional error in either the conviction or sentencing stages, and the cases have had to be sent back to the State courts. Retrials and re- sentencings are common. All of this adds to the expense and length of time in capital cases. Like the health costs related to cigarettes, which we all pay through insurance premiums and taxes, the death penalty is becoming too expensive, even for those who endorse it. 21 notes