primary responsibility. the use of the death penalty in this state is unequally applied sometimes, dependent on the budget of the county where the crime occurred. washington state is just 1 of 32 that still imposes death on criminals deemed the worst of the worst, but hasn't carried out an execution since 2010. jeffrey toobin joins me again to talk through this one. you know that i go crazy about these issues, and that just touches the surface. that maybe some counties don't have enough budget to do what other counties can. there are a myriad of other reasons why we don't apply this properly as human beings. we ain't perfect. >> well, and there is a quiet revolution going on about the death penalty in the united states. >> not from this chair, it ain't quiet. >> no, but it's changing. you know, in 1999, there were 98 executions. last year, there were only 39. i mean, that's almost two-thirds fewer. death sentences are down. prosecutors asking for death sentences is down.