Columbus, Ohio — Ohio continues to spend millions of taxpayer dollars on death penalty cases, despite having gone eight years without carrying out an execution. Studies from other states indicate that capital cases can cost significantly more than prosecutions seeking life imprisonment, with research finding costs approximately $1 million to $3 million higher per case, according to the Ohio Legislative Service Commission.
The state’s last execution occurred in 2018. Since taking office in January 2019, Governor Mike DeWine has repeatedly postponed scheduled executions, citing difficulties in obtaining lethal-injection drugs from pharmaceutical companies. Lethal injection remains Ohio’s only authorized execution method.
Despite the pause, the death penalty remains legal, and prosecutors continue to seek death sentences in qualifying murder cases, as reported by WCMH. David Fornshell, president of the Ohio Prosecuting Attorneys Association and prosecutor in Warren County, stated that the ongoing halt has not altered how prosecutors approach cases that could warrant capital punishment. Fornshell indicated that the state’s inability to perform executions should not prevent prosecutors from pursuing penalties authorized under Ohio law.
The financial burden of capital cases can begin well before a defendant is convicted and extend for decades afterward. Douglas Berman, a law professor at Ohio State University’s Moritz College of Law, explained that several factors contribute to these higher costs. Ohio requires defendants facing the death penalty to have an additional defense attorney, typically a publicly funded lawyer. Capital trials also involve two separate phases: one to determine guilt and another to decide whether the defendant should receive a death sentence, adding demands on courts, prosecutors, and defense teams. Berman noted, “The taxpayers are usually on the hook for all of this.”
The expenses do not conclude with a guilty verdict or a death sentence. Death row inmates generally pursue extensive appeals, creating additional legal costs for the state over many years. In Ohio, an inmate sentenced to death spends nearly 23 years on death row before an execution date is set, according to a report cited by NBC4, with the most recent Ohio attorney general’s capital crimes report largely attributing this lengthy process to appeals.
Ohio’s history shows how infrequently death sentences ultimately lead to executions. From 1981 through December 2025, 337 people received death sentences in Ohio. Of these, 56 were executed, while 41 death row inmates died of natural causes or suicide, according to the report. Berman added that many people sentenced to death ultimately spend their lives in prison without being executed, despite the additional costs associated with capital prosecutions and appeals. He cautioned against attempts to accelerate executions by reducing procedural safeguards, noting that such efforts have contributed to cases where innocent people were sentenced to death.
While supporters of capital punishment challenge some cost calculations, arguing that the possibility of a death sentence can encourage plea agreements, Berman acknowledged that determining the full financial impact is complex. No studies have been released examining the specific financial impact in Ohio of continuing to prosecute capital cases and house death row inmates while executions remain suspended. Since the pause began, Ohio has added eight people to death row: six in 2019, one in 2020, and one in 2024, according to the capital crimes report.
The debate has prompted competing legislative proposals at the Statehouse. One bill seeks to eliminate the death penalty in Ohio, while another would authorize executions using nitrogen gas inhalation, a method proposed as an alternative amid difficulties in obtaining lethal-injection drugs. Fornshell stated that the issue should be addressed by state lawmakers and the governor rather than allowing the current situation to continue indefinitely.
Beyond financial concerns, Berman highlighted the consequences for victims’ families, who can spend years awaiting an execution that is repeatedly postponed. He also pointed to the risk of executing an innocent person as a central concern. Fornshell argued that continued postponements can inflict additional suffering on families seeking finality after a murder conviction.
Ohio currently has 106 people on death row, according to the state Department of Rehabilitation and Correction. The state’s total prison population stood at 45,704 in early January.
