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Arkansas Supreme Court Decision Allows New DNA Testing in Case of the ​“West Memphis Three,” Convicted of Killing Three Children in 1993

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On April 18, 2024, the Arkansas Supreme Court decided 4-3 to reverse a 2022 lower court decision and allow genetic testing of crime scene evidence from the 1993 killing of three eight-year-old boys in West Memphis. The three men convicted in 1994 for the killings were released in 2011 after taking an Alford plea, in which they maintained their innocence but plead guilty to the crime, in exchange for 18 years’ time served and 10 years of a suspended sentence. 

Gap Between the Murder Rate of Death Penalty States and Non-Death Penalty States Remains Large

States with the death penalty have consistently had higher murder rates than states without the death penalty. If the death penalty was acting as a deterrent to murder, one might expect that the gap between these two groups would lessen over a long period of time as states using the death penalty obtained an advantage in reducing murders. However, the gap has grown larger over the past 18 years.

In 2007, states with the death penalty had a 42% higher murder rate than states without the death penalty. In 1990, the gap was only 4%.

A murder rate is obtained by dividing the number of murders in a state by the state's population. It is possible to obtain a single murder rate for "states with the death penalty" by adding the total number of murders in such states by the total population of these states. A murder rate for "states without the death penalty" can be similarly obtained. To see the results of these calculations for each year 1990-2007, click here.

In 2007, the murder rate for states with the death penalty was 5.83 and for states without the death penalty it was 4.10, a 42% difference. The national murder rate in 2007 was 5.6.

(Murder rates from FBI Uniform Crime Report, calculations by David Cooper; DPIC, Nov. 25, 2008). See Deterrence.

Source: Death Penalty Information Center

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