Last updated on 2014.02.13
On January 30, Republican Rep. Steve Hickey and Democratic Senator Billie Sutton introduced House Bill 1183, to remove death from the sentences South Dakota can mete out for crimes. Two weeks later, HB 1183 has received nothing but first reading. No committee assignment, no hearing. Do legislators want to have a deep moral conversation about entrusting government with the power of life and death, or are they too busy talking about their own right to carry peashooters in the sacred halls of democracy?
I wonder what's easier: repealing the death penalty by assembling a majority of legislators with the wisdom and decency to end the state's flawed and risky exercise of the ultimate punishment, or simply electing one person, one governor, who will refuse to allow executions to take place under her or his watch? Cue Governor Jay Inslee of Washington:
Over the course of the past year, my staff and I have been carefully reviewing the status of capital punishment in Washington State.
We’ve spoken to people in favor and strongly opposed to this complex and emotional issue, including law enforcement officers, prosecutors, former directors of the Department of Corrections, and the family members of the homicide victims.
We thoroughly studied the cases that condemned nine men to death. I recently visited the state penitentiary in Walla Walla and I spoke to the men and women who work there. I saw death row and toured the execution chamber, where lethal injections and hangings take place.
Following this review, and in accordance with state law, I have decided to impose a moratorium on executions while I’m Governor of the state of Washington.
Equal justice under the law is the state’s primary responsibility. And in death penalty cases, I’m not convinced equal justice is being served [Governor Jay Inslee, statement, 2014.02.11].
Governor Inslee's reasons for the capital punishment moratorium sound very much like those Rep. Hickey cited in his conversion on the issue last summer. But Governor Inslee is exercising this ban by executive fiat rather than legislative sanction.
Candidate Joe Lowe? Candidate Susan Wismer? If the Legislature won't act on HB 1183, what say you about a gubernatorial moratorium on South Dakota's death penalty?
Last year we passed a big criminal justice reform bill that required a fiscal impact statement for future bills that relate to incarceration. That fiscal impact statement on my death penalty repeal bill has been in the works for 2.5 weeks and the bill cannot be sent to a committee without it. So, that's the only reason for the delay. Actually, the delay is giving me time to change minds and I appreciate your help in that effort.
I wonder how many South Dakotans realize that only one other country in the Western Hemisphere, besides the United States of America has executed anyone in the past ten year, Nevis and St Kitts. All of those barbarians in Cuba, Venezuela, Honduras, Chile etc, have executed no one. The following website shows that the US executed 42 in 2012.
http://en.wikipedia.org/wiki/Use_of_capital_punishment_by_country
Rep. Hickey, when we visited briefly last night I forgot to thank you for your work on this issue. Thank you.
The fiscal note will interesting to read. Saving money on endless appeals verses the cost of lifetime imprisonment. It's too bad they can't put a value on living in a more moral society verses the cost of a government that sets an example by killing people.
no question the issue is vital, but so is major reform of sentencing addicts for relapse which is likely physically impossible to avoid, sexual and other assault within prisons, prosecution and judicial sentencing based on philosophy vs. science, outdated correctional theory in sd, and obviously drug incarceration for acts now heading for national legality thanks to medicinal obfuscation. daugaard's "reform" last year was perhaps more political and surface than substantive. just my impression.
We go through this same alledged crisis of conscious every few years, decrying the death penalty and turning all sorts of offenders loose. Then, all those well-meaning folks realize, over time, that being sensitive, caring and so wonderfully smart doesn't automatically protect them against rape, murder and robbery. The cry always arises again to "do something; do something" as the crime rate goes up in response to the number of felons running around loose.
I think the death penalty is not widely enough applied; how about for malfeasance in public office?
Cranky,
It is highly unlikely that any one opposed to repealing the death penalty is in anyway suggesting that those on death row for the most heinous crimes be released back into society. Those convicted murderers belong right where they are, in prison, for the rest of their lives.
If the death penalty was used for malfeasance in public office, we would run out of rope real quickly.
"I think the death penalty is not widely enough applied; how about for malfeasance in public office?"
Yeah cranky or maybe for idiotic posts on blogs.
If I were Governor I would refuse to sign death warrants, if only because I would not want to stand before Almighty God on the Judgment Day with blood on my hands.
Suggesting that we elect governors based on how they stand on capital punishment is a suggestion that we have more single-issue voting which doesn't work out well. What someone thinks about capital punishment might be interesting but is irrelevant to his other qualifications for the job.
I'm usually against the death penalty,but lets tie it in with proper disposal of American flags. Next time some rw,chicken-hawk,draft dodging miscreant wraps him/herself in the American flag to show how patriotic they claim to be,by all means torch it on the spot. Like wingnuts,we can worry about guilt or innocence afterwards.
That's encouraging, Anne. Does that mean that if a candidate for Governor meets all of your criteria for competence, character, and policy goals with the sole exception of being staunchly pro-choice and supports repealing all of South Dakota's abortion restrictions, you will vote for her?
Ouch!!!
The Displaced Plainsman agrees that the death penalty is far too arbitrary to continue: thedisplacedplainsman.blogspot.com/2014/02/quotation-of-day-why-death-penalty.html
Cory,
As long as I've been posting on blogs, I think it fair to say that I've been a very solid, unwavering opponent of the death penalty. i've written posts on it at SDWC and I seldom do not speak up when it is the issue.
That said, I think this reliance on executive fiat is a threat to democracy and the checks and balances in our system.
Do I abhor the death penalty and want it to end in our nation? Yes.
Do I think juries and judges should exercise their privilege when allowed under the law to impose a sentence besides death? Yes.
Do I want Governors to selectively exercise their clemency privilege where the death penalty is the law? Yes
Do I want a discussion in the body politic about this issue? Yes
Do I want Governors to act by fiat to unilaterally end the death penalty without concurrence by the body politic? No.
We are a nation of laws. The Death Penalty exists as a matter of law in a number of states. Encouraging the Executive Branch to act unilaterally without regard to the law is despotism, even when I agree with their action.
I do not want to live in a nation or state who reigns as a despot, no matter how much I agree with their benevolence.
http://www.presidency.ucsb.edu/data/orders.php
For those who think Obama has completely discarded the constitution on executive orders.
State governors issue E.O.s regularly-to declare states of emergencies after natural and man made disasters. It is part of the job description. One can argue whether a single person should be able to reject statutory law for reasons of conscience,but there was recently bills introduced in SoDak to allow businesses to do basically that with regards to Gays,if memory serves.
Like Troy, I am concerned about governors and presidents choosing to ignore certain laws. I don't know how long it has been going on. Probably since 1787.
GWB frequently used "signing statements" to ignore or modify laws to suit him. Obama has chosen not to enforce certain laws. State governors have done the same. I doubt selective enforcement is limited to one political party.
I have agreed with most of Obama's choices, and with Inslee's. But I don't want them to do it this way. If a bill is lawfully passed and signed into law, it must be enforced on all levels.
If a minimum wage bill was passed and signed into law, and a governor chose to ignore it in his state, I'd be plenty angry about that.
We can't have one person, elected executive or not, ignore a law.
WH harrison is the only Potus not to issue at least one E.O.
Notice a number of states currently are passing bills to nullify federal laws and I don't think that is constitutional.
Governors have the power to stay executions by law, don't they Troy?
Naw, Bill. The Governor can only drag it out a bit longer. Good topic for breakfast this weekend!
grudz, you're not paying attention. Troy said that the Governor can issue clemency.
Clemency is mercy shown by someone whose duty or function it is to administer justice or punish offenses
I'm sorry, Mr. Stricherz. I guess I am just not as sharp as you. I didn't understand that term. I always think of Mark Twain when I read that term and you have enlightened me about pardons and clemency and such. Thank you.
When Susan Wismer/Joe Low is Governor she/he will show no mercy.
Bill, we'll still talk, OK?
Awe shucks grudz, you and me are friends, just call me Lanny. Am I invited for that breakfast this weekend?
Usual place, usual time. Bill doesn't give me a ride anymore but he might pick you up on the way. I think it's my turn to be Moderator Emeritus this week so you'll like it a lot.
Anthony Porter was once within 50 hours of execution for the murder of two people in Chicago, he had spent 15 years on the Illinois Death Row.
During a stay of execution granted by the courts because of Porter's low IQ, a team of students, their teacher, private investigators and pro bona attorneys went to work to prove Porter innocent.
In Sept. 1999 Porter was completely exonerated by the courts and another person confessed to the murders and was sentenced to 37 years in prison.
The Porter case led to Republican Gov. George Ryan to place and moratorium on all those on death row in Illinois.
In 2003 Gov. Ryan commuted the death sentences of 167 on death row citing the Porter case and the reckless manner in which death penalty cases are handled. There were a few cases that were retried and the guilty once again received the death sentence.
The Porter case is important in that it shows human error and the rush to judgement, Anthony Porter is not alone, there have been numerous cases like his across the country in recent years. I often wonder how many have been executed that in fact were innocent.
It is cases like this where judicial oversight is needed and when the courts are wrong, as they often are, a governor can use his powers to save an innocent life.