Capital punishment in Oklahoma

Capital punishment continues to be performed in the U.S. state of Oklahoma. The state has executed the second largest number of convicts in the United States (after Texas) since re-legalization following Gregg v. Georgia in 1976.^[1] Oklahoma also has the highest number of executions per capita in the United States.^[2]

Oklahoma was the first jurisdiction in the world to adopt lethal injection as method of executions.^[3] On December 16, 2010, Oklahoma became the first American state to use pentobarbital, in the execution of John David Duty.^[4]

In 2014, Oklahoma placed scheduled executions on hold until the state's Department of Corrections implemented eleven proposed improvements in protocols governing capital punishment. The review of the lethal injection administration process resulted from the protracted 33 minute execution of Clayton Darrell Lockett in which a doctor and a paramedic failed nearly a dozen times to administer an IV with lethal drugs.^[5] Executions resumed on January 15, 2015 with the execution of Charles Frederick Warner by lethal injection.

At least two death row inmates in Oklahoma were later found to be innocent and were released: Gregory R. Wilhoit (convicted 1987, exonerated 1993) and Ron Williamson (convicted 1988, exonerated 1999).

Capital offenses

In Oklahoma, first-degree murder is punishable by death in the following circumstances:^[6][7]

• A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.
• A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances, or trafficking in illegal drugs.
• A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 7115 of Title 10 of the Oklahoma Statutes. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child maliciously injured or maimed the child.
• A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.
• A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer or correctional officer while the officer is in the performance of official duties.

The 2008 U.S. Supreme Court decision in Kennedy v. Louisiana invalidated the following Oklahoma capital statutes:

• First-degree rape^[8]
• Extortionate kidnapping^[9]
• Rape or forcible sodomy of a victim under 14 where the defendant had a prior conviction of sexual abuse of a person under 14^[10]

Process

• For a sentence of death to be imposed for first-degree murder, at least one or more aggravating circumstances must be found present or the aggravating factors must outweigh the mitigating circumstances:
  • The defendant was previously convicted of a felony involving the use or threat of violence to the person.
  • The defendant knowingly created a great risk of death to more than one person.
  • The person committed the murder for remuneration or the promise of remuneration or employed another to commit the murder for remuneration or the promise of remuneration.
  • The murder was especially heinous, atrocious, or cruel.
  • The murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution.
  • The murder was committed by a person while serving a sentence of imprisonment on conviction of a felony.
  • The existence of a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society.

Otherwise, life imprisonment without parole or life imprisonment are the only sentences allowed.

As in any other state, per federal case law, people who are under 18 at the time of commission of the capital crime ^[11] or mentally retarded^[12] are constitutionally precluded from being executed.

As in all jurisdictions, a sentence of death results in an automatic appeal. The Oklahoma Court of Criminal Appeals reviews the record to determine:

• The legal and factual validity of the verdict.
• Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor.
• Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in Section 701.12 of this title.
• In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:
  • Affirm the sentence of death; or
  • Set the sentence aside and remand the case for resentencing by the trial court.

The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence.

Clemency

Under current statute the Governor may grant a commutation of the death sentence, but must have the Recommendation of Clemency From a Board or Advisory Group. The only post-Furman pardon was granted by former Gov. Brad Henry on May 13, 2004 to Osvaldo Torres.^[13]

Henry explained that it was important to remember that the actual shooter in these horrific murders was also sentenced to death and faces execution and that he concluded that there is a possibility a significant miscarriage of justice occurred... specifically that the violation of his Vienna Convention Rights contributed to trial counsel's ineffectiveness, that the jury did not hear significant evidence, and that the result of the trial is unreliable.^[13]

In earlier years Governor Lee Cruce commuted every death sentence imposed during his administration (1911–1915).^[13]

Method

Since executions resumed in 1990, lethal injection has been the standard method for execution. However if lethal injection is ever outlawed, the state has two optional methods outlined in its state constitution. The first is electrocution by electric chair, which was used before the national moratorium began in 1967, with shooting by firing squad as the second option should both lethal injection and electrocution be outlawed.^[14]

In September 2014, State Representative Mike Christian proposed an alternative method - nitrogen gas. Gas would induce "nitrogen hypoxia" that is according to Christian both painless and less costly than lethal injection. American Civil Liberties Union of Oklahoma opposed the proposal.^[15] In April 2015 the alternative method was signed into law. ^[16]

Death row

Oklahoma's "death row" (prison block for inmates scheduled for execution) for male inmates is located at "H" unit at Oklahoma State Penitentiary (OSP). For female prisoners, the location is Mabel Bassett Correctional Center. Oklahoma's current policy is to transfer female inmates to OSP for their actual execution. Oklahoma currently has 48 male inmates and one female inmate on death row.

List of exonerated death row inmates

• Gregory R. Wilhoit, convicted in 1987, found innocent and released in 1993.
• Ron Williamson, convicted in 1988, found innocent and released in 1999.

List of individuals executed since 1976

A total of 112 individuals convicted of murder have been executed by the State of Oklahoma since 1976. All were executed by lethal injection.

Earlier executions

From 1841 to 1966, 132 convicted persons were executed in Oklahoma; 42 prior to statehood and 90 afterward.^[24] Hanging was the usual method of execution until 1911. From 1915 to 1966, the electric chair became the sole method of execution,^[25] although Arthur Gooch was hanged by the federal government for kidnapping in 1936. Only one woman was executed in Oklahoma in the pre-Furman period: Dora Wright, a black domestic servant, was hanged on July 17, 1903, prior to statehood in 1907. Oklahoma performed its last pre-Furman electrocution on James French in 1966.

See also

• List of exonerated death row inmates
• List of women executed in the United States since 1976
• List of wrongful convictions in the United States
• List of death row inmates in the United States
• Oklahoma State Penitentiary, site of Oklahoma's execution chamber and "death row" for male prisoners

References

External links

• Death Row – Oklahoma Department of Corrections
• U.S. Executions Since 1976 – The Clark County Prosecuting Attorney