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February 17, 2015
Would you urge out-going (and apparently corrupt) Oregon Gov Kitzhaber to commute all death sentences?
The question in the title of this post is prompted by this notable new commentary authored by Frank Thompson, a retired assistant director of institutions and superintendent of the Oregon State Penitentiary. Here are excerpts:
I know what it is like to execute someone. I am a retired prison superintendent who conducted the only two executions that have taken place in Oregon in the past 53 years.
The death penalty in Oregon comes at a high cost to our state in both human and fiscal resources. I call on Gov. Kitzhaber to convert 35 death sentences to life without the possibility of release before he leaves office at mid-morning on Wednesday.
Based on my experiences as a correctional professional, capital punishment is a failed public policy — especially in Oregon where we have funded a death penalty system for over 30 years, yet only put to death two inmates who volunteered themselves for execution by abandoning their appeals. No other corrections program exemplifies such a complete failure rate.
During my more than two decades of running correctional facilities, I saw the population of those who are capable of extreme violence up close. I have no doubts at all that these offenders did not think about the death penalty for one second before committing their violent acts. Instead, research has been shown that public safety is greatly improved when our limited tax dollars are redirected to law enforcement agencies to solve cases and prevent crimes.
I understand exactly what is being asked of public employees whose jobs include carrying out the lawful orders of the judiciary to end another person's life. The burden weighs especially heavily on my conscience because I know firsthand that the death penalty is not applied fairly or equally in Oregon. I have known hundreds of inmates who are guilty of similar crimes yet did not get the death penalty because they reached a plea bargain of life without parole simply because they had the means for professional legal assistance.
I also understand, from my experiences in corrections, the potential awful and lifelong repercussions that can come from participating in the execution of prisoners. Living with the nightmares is something that some of us experience. This is particularly the case with those of us who have had more hands-on experience with the flawed capital punishment process, and/or where an execution under our supervision did not go smoothly.
I am never troubled when people make a forceful argument that "capital punishment is a failed public policy." But I find it troubling that this argument is being made now to a disgraced (apparently corrupt) out-going governor rather than to the new incoming governor and other public-policy officials who are going to be staying in their jobs and would need to deal with the administrative and political implications and consequences of their actions.
Notably, it is not just Oregonians urging out-going Gov Kitzhaber to clear the state's death row. Professors Charles Ogletree and Rob Smith have this new Huffington Post commentary headlined "Gov. Kitzhaber: Your Job Is Not Yet Done." here is how it concludes:
Governor Kitzhaber declared a moratorium on the death penalty back in 2011. He labeled the State's practice of imposing death sentences "neither fair nor just" and concluded that a "compromised and inequitable" capital punishment system is not befitting of Oregon. Nothing has changed and nothing will: the death penalty in Oregon is too broken to fix.
In his resignation letter, Governor Kitzhaber told us that he was proud to not have presided over any executions. Yet, as Governor, he presided over a state that has sentenced people to death under the same unjust system that led him to impose the moratorium. The Governor has the power to leave the troubled history of this disreputable death penalty system in Oregon's rearview mirror; and doing so would enhance the integrity of the criminal justice system without compromising public safety.
Governor Kitzhaber: You lit the torch in 2011; and now, in these few remaining hours, please carry that torch across the finish line.
February 17, 2015 at 04:35 PM | Permalink
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Comments
His first stint was the last time people were executed -- one in 1996, one in 1997. So, per one article, any non-involvement must refer to only his second stint as governor. Wikipedia has over thirty people being on death row in Oregon. To cite the HP commentary, I think that the best way to "enhance the integrity of the criminal justice system without compromising public safety" is at best to have his successor do the deed. Long game here.
Posted by: Joe | Feb 17, 2015 5:22:19 PM
The Framers well understood that executives will one day leave office and therefore not be responsible after the fact for commutation decisions. They decided to give the president (and at the state level governors) the power to commute anyway. That's because they recognized that legislatures have a human tendency to be angry and over-punish. Governors, free from some of that fervor – no more so than when they are leaving office – can use the commutation power to check that tendency. Contra Doug's comments, this is exactly the time and place that the commutation power should be used.
Posted by: dm | Feb 17, 2015 5:24:18 PM
Kitzhaber is scum. A corrupt crook. And people in here think that he should compound his evil with screwing victims' families.
Posted by: federalist | Feb 17, 2015 10:44:28 PM
dm skips over the "a disgraced (apparently corrupt)" part.
I take "the Framers" here mean the framers of the Oregon Constitution. Anyway, I think we should worry about things today, not what they thought (not that they had any one view; some came from weak governor states ... see, e.g., Texas today where the governor has weaker commutation powers).
There are various ways to check the tendency to over=punish. Long term, especially since the last two people executed were over 15 years ago, it might be better for the current less disgraced governor to do this, if that is the way to go. For instance, if the many victims against the death penalty + others petition her.
Posted by: Joe | Feb 18, 2015 10:03:40 AM
Retired Superintendent F. Thompson: “I have no doubts at all that these offenders did not think about the death penalty for one second before committing their violent acts.”
I respectfully submit that he is correct „ albeit I am unaware of the circumstances of the 35 offenses
Posted by: Docile Jim Brady @Bend, OR 97702-3212 | Feb 19, 2015 3:09:53 PM



