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March 29, 2016

Oklahoma creates Death Penalty Review Commission full of prominent folks .... which will likely achieve ....?

Though I generally think of myself as an optimist, this notable news item out of Oklahoma, headlined "Oklahoma Bipartisan Death Penalty Review Commission formed, supported," triggers the cynical little voice in my head that comes out when I hear about the creation of a blue-ribbon commission in the sentencing arena.  (For those curious about aesthetic backstories, this Wikipedia entry highlights why we color expert panels blue instead of, say, having pink-ribbon commissions.)  Before I go cynical, here are the details of the latest governmental gathering of note:

A group of prominent Oklahomans joined together Monday (March 28) to form a blue-ribbon, bipartisan Oklahoma Death Penalty Review Commission.  The Commission will conduct what a press statement called “the first-ever independent, objective and thorough review of the state’s entire capital punishment system.”...

“Oklahoma has an opportunity to lead the nation by being the first state to conduct extensive research on its entire death penalty process, beginning with an arrest that could lead to an execution,” said former Gov. Brad Henry, of Henry-Adams Companies, LLC, one of the group’s co-chairs.“The Commission includes distinguished Oklahomans with differing views and perspectives on capital punishment who are donating their time to work together on a research-driven review,” he said.

Joining Gov. Henry as co-chairs are Reta Strubhar, a judge on the Oklahoma Court of Criminal Appeals (1993-2004) and an Assistant District Attorney of Canadian County (1982-1984); and Andy Lester, of the Spencer Fane law firm and a former U.S. Magistrate Judge for Western District of Oklahoma who served on President Ronald Reagan’s Transition team for the Equal Employment Opportunity Commission (1980-1981).

Members of the Commission have experience in a variety of aspects of the capital punishment system, including victim advocacy, policymaking, prosecution, defense, and judging. They also include leading lawyers, business leaders, and scholars.  In addition to the co-chairs, the members are Robert H. Alexander, Jr., of The Law Office of Robert H. Alexander, Jr.; Howard Barnett, President of OSU-Tulsa; Dean Andrew Coats, Dean Emeritus of OU College of Law; Dean Valerie Couch, Oklahoma City University School of Law; Maria Kolar, Assistant Professor of OU College of Law; Rob Nigh, Chief Public Defender, Tulsa County; Christy Sheppard, a victims’ advocate; Kris Steele, Director of The Education and Employment Ministry (TEEM) and former Speaker of the House; and Gena Timberman, founder of The Luksi Group.

“Our goal is to provide a resource for Oklahomans to allow them to make informed judgments about our state’s capital punishment system that, we hope, will benefit both Oklahoma and the country as a whole,” said Henry.

Though I have long been a fan of any "research-driven review" of any sentencing system, I am not optimistic based on my own experiences in Ohio that this kind of death penalty review commission will be able to achieve all that much other than producing a lengthy report that will be embraced or rejected by political leaders based entirely on their already established views on the death penalty.  This cynical prediction is based on how an array of ABA reports on state death penalty systems and how a recent Ohio Death Penalty Task Force report was received.

Critically, I do not mean to be asserting that this Oklahoma Death Penalty Review Commission is unimportant or sure to inconsequential.  But I do mean to assert that basic political dynamics rather than refined policy analysis defines and often limits the possibilities for reforming the administration of the death penalty.

March 29, 2016 at 05:28 PM | Permalink

Comments

I³ (It Is I) , JAG (Just Another Guy)

C O R R E C T ‼

Ohio’s joint death penalty task force was formed with excellent judges , attorneys and others involved in the criminal justice system •

And Ohio recently (Submitted June 9, 2015—Decided March 16, 2016) upheld 4-3 , a protocol of if you first don’t succeed , try , try again.*

State v. Broom

* Oral Argument June 9, 2015

Posted by: Docile Jim Brady „ the Nemo Me ♠ Impune Lacessit ♂ in Oregon ‼ | Mar 30, 2016 5:18:10 PM

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