# Has any killer ever plea bargained FOR the Death Penalty? **URL:** \ **Category:** Factual Questions\ **Created:** [December 13, 2005, 9:16pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480 "2005-12-13T21:16:14Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\ **Post date:** [December 13, 2005, 9:16pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/1 "2005-12-13T21:16:14Z")
I saw an episode of Law & Order once where the killer asked to be executed and dispense with any trial or appeals. That got me wondering if this has ever actually happened. I’ve heard of condemnded killers “giving up” and deciding not to fight it AFTER they’ve had a jury/judge give them the death penalty, but I’ve never heard of any who right from the start ask to get the needle. Any real life occurences of this? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [December 13, 2005, 9:46pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/2 "2005-12-13T21:46:18Z")
[There’s Gary Gilmore](http://en.wikipedia.org/wiki/Gary_Gilmore) ---
**Author:** ![twickster](https://avatars.discourse-cdn.com/v4/letter/t/ec9cab/32.png) [@twickster](https://boards.straightdope.com/u/twickster)\ **Post date:** [December 13, 2005, 9:53pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/3 "2005-12-13T21:53:07Z")
His brother’s book, _Shot in the Heart_ (mentioned in the link) is harrowing. ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [December 13, 2005, 10:29pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/4 "2005-12-13T22:29:52Z")
The TV show _Forensic Files_ did a program about an innocent man, who until he was cleared of the murder, pushed for the death penalty, figuring that was better than life without parole. ---
**Author:** ![Crandolph](https://avatars.discourse-cdn.com/v4/letter/c/7cd45c/32.png) [@Crandolph](https://boards.straightdope.com/u/Crandolph)\ **Post date:** [December 13, 2005, 11:00pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/5 "2005-12-13T23:00:39Z")
Cannibal/murderer Gary Heidnik wanted the death penalty and apparently told his brother at sentencing not to appeal. It took 11 years for this to happen though the state (Pennsylvania) first establishing his sanity and other aspects of due process. ---
**Author:** ![ChockFullOfHeadyGoodness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chockfullofheadygoodness/32/511_2.png) [@ChockFullOfHeadyGoodness](https://boards.straightdope.com/u/ChockFullOfHeadyGoodness)\ **Post date:** [December 13, 2005, 11:06pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/6 "2005-12-13T23:06:51Z")
[Evan Nakahara](http://www.dailybreeze.com/news/articles/2065606.html) asked the jury to give him the death penalty when he was on trial for murdering his girlfriend. That was 15 years ago. He’s still waiting. ---
**Author:** ![TellMeI\_mNotCrazy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tellmei_mnotcrazy/32/3419_2.png) [@TellMeI\_mNotCrazy](https://boards.straightdope.com/u/TellMeI_mNotCrazy)\ **Post date:** [December 13, 2005, 11:15pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/7 "2005-12-13T23:15:50Z")
Connecticut serial killer Michael Ross fought for years to forego the appeals process and be executed, though I think he changed his mind a few times. His lawyers and family did everything they could to have his wishes on the matter regarded as those of a mentally ill man. He was eventually executed earlier this year. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [December 13, 2005, 11:27pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/8 "2005-12-13T23:27:26Z")
This is an interesting [case](http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=495&invol=149) involving a defendant who waived all appeals after receiving a death sentence. ---
**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\ **Post date:** [December 14, 2005, 12:17am UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/9 "2005-12-14T00:17:48Z")
> [@ChockFullOfHeadyGoodness](#): > > [Evan Nakahara](http://www.dailybreeze.com/news/articles/2065606.html) asked the jury to give him the death penalty when he was on trial for murdering his girlfriend. That was 15 years ago. He’s still waiting. What’s the holdup then? If the defendent says “kill me”, the prosecution agrees, and he’s found to be mentally competant, why on earth does it take 15 years? ---
**Author:** ![Moirai](https://avatars.discourse-cdn.com/v4/letter/m/96bed5/32.png) [@Moirai](https://boards.straightdope.com/u/Moirai)\ **Post date:** [December 14, 2005, 1:01am UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/10 "2005-12-14T01:01:48Z")
How about that guy & that Oklahoma City thing? 😉 ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [December 14, 2005, 1:20am UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/11 "2005-12-14T01:20:51Z")
> [@twickster](#): > > His brother’s book, _Shot in the Heart_ (mentioned in the link) is harrowing. Very harrowing and very readable. It was the basis for a very good but little known [movie](http://www.imdb.com/title/tt0294918/) featuring Giovanni Ribisi , Elias Koteas, Sam Shepard and Amy Madigan as the Gilmores. It’s about on DVD. ---
**Author:** ![Pietro](https://avatars.discourse-cdn.com/v4/letter/p/47e85d/32.png) [@Pietro](https://boards.straightdope.com/u/Pietro)\ **Post date:** [December 14, 2005, 1:37am UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/12 "2005-12-14T01:37:15Z")
> [@Tuckerfan](#): > > The TV show _Forensic Files_ did a program about an innocent man, who until he was cleared of the murder, pushed for the death penalty, figuring that was better than life without parole. This may or may not be the same story, but on NPR’s _This American Life_ a while back, one of the stories told of an innocent man who pushed for the death penalty, not because he figured it was better than life in prison, but because he figured it gave him a better chance of exoneration. His reasoning was that it was far more likely that someone would take up his case pro bono if he were on death row than simply serving out a life sentence. Bold move, but he was right–he got the death penalty, and years later was exonerated. [http://207.70.82.73/pages/descriptions/05/287.html](http://207.70.82.73/pages/descriptions/05/287.html) ---
**Author:** ![F.U.Shakespeare](https://avatars.discourse-cdn.com/v4/letter/f/aca169/32.png) [@F.U.Shakespeare](https://boards.straightdope.com/u/F.U.Shakespeare)\ **Post date:** [December 14, 2005, 2:25am UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/13 "2005-12-14T02:25:55Z")
50’s spree killer [Charles Starkweather](http://www.crimelibrary.com/notorious_murders/mass/starkweather/index_1.html) successfully blocked his counsel’s attempts to get him declared insane, which were pretty much aimed at getting him out of the hot seat. ---
**Author:** ![R.P.McMurphy](https://avatars.discourse-cdn.com/v4/letter/r/7993a0/32.png) [@R.P.McMurphy](https://boards.straightdope.com/u/R.P.McMurphy)\ **Post date:** [December 14, 2005, 3:23am UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/14 "2005-12-14T03:23:15Z")
> [@Blalron](#): > > What’s the holdup then? If the defendent says “kill me”, the prosecution agrees, and he’s found to be mentally competant, why on earth does it take 15 years? The whole concept of the death penalty has become a moral, political, social, religious, and whatever else, flashpoint. There are those that oppose the death penalty in any way, shape or form and will legally maneuver on behalf of the person who faces the death penalty no matter how despicable the convict is or how much they want to have the sentence carried out. They are acting in opposition to the death penalty more than in defense of the convict. The state should be reluctant to impose the death penalty until all legal considerations have been thoroughly examined and reviewed. Therefore, under the most expeditious of circumstances the process is bound to take years. The American justice system is suppose to be based on justice rather than expediency. Given the alternative, I for one, prefer it that way. ---
**Author:** ![ombre3](https://avatars.discourse-cdn.com/v4/letter/o/da6949/32.png) [@ombre3](https://boards.straightdope.com/u/ombre3)\ **Post date:** [December 14, 2005, 12:00pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/15 "2005-12-14T12:00:57Z")
> [@Blalron](#): > > What’s the holdup then? If the defendent says “kill me”, the prosecution agrees, and he’s found to be mentally competant, why on earth does it take 15 years? I think it’s supposed to be part of the punishment. You give the perp the opposite of what he wants. ---
**Author:** ![Martiju](https://avatars.discourse-cdn.com/v4/letter/m/e8c25b/32.png) [@Martiju](https://boards.straightdope.com/u/Martiju)\ **Post date:** [December 14, 2005, 12:13pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/16 "2005-12-14T12:13:35Z")
> [@ombre3](#): > > I think it’s supposed to be part of the punishment. > > You give the perp the opposite of what he wants. You really think so? Surely all ‘perps’ would then ask for the death penalty? ---
**Author:** ![chrisk](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@chrisk](https://boards.straightdope.com/u/chrisk)\ **Post date:** [December 14, 2005, 1:01pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/17 "2005-12-14T13:01:12Z")
> [@Martiju](#): > > You really think so? Surely all ‘perps’ would then ask for the death penalty? He said ‘what they want’, not ‘what they ask for.’ I’m not sure many criminals would be capable of fooling the prosecutors into thinking they really WANT the death penalty. If it’s unclear what they really want, then usual sentencing considerations come back into play. Or something like that, sheezh, I dunno. 😉 ---
**Author:** ![Martiju](https://avatars.discourse-cdn.com/v4/letter/m/e8c25b/32.png) [@Martiju](https://boards.straightdope.com/u/Martiju)\ **Post date:** [December 14, 2005, 4:14pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/18 "2005-12-14T16:14:31Z")
> [@chrisk](#): > > He said ‘what they want’, not ‘what they ask for.’ I’m not sure many criminals would be capable of fooling the prosecutors into thinking they really WANT the death penalty. If it’s unclear what they really want, then usual sentencing considerations come back into play. > > Or something like that, sheezh, I dunno. 😉 Or perhaps a civilised society actually just establishes and runs an independent and objective legal process in the first place, and doesn’t worry about adding a dollop of personal revenge into the pot! ---
**Author:** ![UselessGit](https://avatars.discourse-cdn.com/v4/letter/u/74df32/32.png) [@UselessGit](https://boards.straightdope.com/u/UselessGit)\ **Post date:** [December 14, 2005, 5:23pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/19 "2005-12-14T17:23:52Z")
I’m pretty sure Dahmer said that the death penalty would be the best way to go but I can’t find a cite… since Wisconsin doesn’t have the death penalty (right?) and he pleaded insanity, that does sound mighty dumb, though. I’m not sure whether Albert Fish asked for the death penalty but he was very excited by the prospect, calling it the “supreme thrill of my life”. A decidedly charming man, old Al. ---
**Author:** ![Tuckerfan](https://avatars.discourse-cdn.com/v4/letter/t/eada6e/32.png) [@Tuckerfan](https://boards.straightdope.com/u/Tuckerfan)\ **Post date:** [December 14, 2005, 6:59pm UTC](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480/20 "2005-12-14T18:59:27Z")
> [@UselessGit](#): > > I’m pretty sure Dahmer said that the death penalty would be the best way to go but I can’t find a cite… since Wisconsin doesn’t have the death penalty (right?) and he pleaded insanity, that does sound mighty dumb, though. IIRC Dahmer pleaded guilty in order to avoid the death penalty. [Next page](https://boards.straightdope.com/t/has-any-killer-ever-plea-bargained-for-the-death-penalty/335480.md?page=2)