Death Penalty

“More often than we want to recognize, some innocent defendants have been convicted and sentenced to death…After 20 years on (the) high court, I have to acknowledge that serious questions are being raised about whether the death penalty is being fairly administered in this country.”
-- Sandra Day O'Connor,
U.S. Supreme Court Justice

The death penalty is the ultimate denial of civil liberties. Innocent people are being sentenced to death. Moreover, capital punishment is often unfairly and unjustly applied.

The ACLU supports a moratorium on the death penalty for the following reasons:

Innocent people are being sentenced to death. Since 1973, 122 inmates were found to be innocent and released from death row in 25 states across the country.
Almost all people on death row could not afford to hire an attorney. The quality of legal representation is a better predictor of whether or not someone will be sentenced to death than the facts of the crime.
Race often plays a role in determining a capital sentence. Nationally, more than 80% of capital cases involve white victims, even though only 50% of murder victims are white.
Where a death sentence is sought often determines whether a defendant is sentenced to death more than the circumstances of the crime.

Legislation

DEATH PENALTY: Expanding Death Penalty (HB 3211) (2011)

Under Oregon law only those convicted of aggravated murder are eligible for the death penalty. HB 3211 would have expanded the scope of the aggravated murder law to include the murder of a reserve officer.

DEATH PENALTY: Individuals with Mental Retardation (HB 2668, HB 2669, HB 2670) (2009)

Other than the Reproductive Freedom bills above, no other death penalty legislation was heard this session. Three bills were introduced, HB 2668, HB 2669 and HB 2670, all of which would have created a procedure for considering the issue of whether a defendant who is charged with aggravated murder (eligible for death sentence) is a person with mental retardation. The bills were not heard and died in committee.

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Other

ACLU of Oregon Supports Governor's Action to Stop Executions

Scales of justice November 23, 2011 - The ACLU of Oregon fully supports the decision of Governor John Kitzhaber to stop the planned execution of Gary Haugen for December 6th. Earlier this month the ACLU of Oregon joined our anti-death penalty allies, Oregonians for Alternatives to the Death Penalty, the Oregon Capital Punishment Resource Center and Amnesty International, in urging Gov. Kitzhaber to stop the execution and call for a study of Oregon’s capital punishment system. Now that the governor has taken the bold step asked of him, it is imperative that a thorough, non-politicized study of the death penalty system occurs in our state. Other states have made the decision to end the death penalty because it is arbitrary, costly and discriminatory. The last time Oregon had this conversation was 27 years ago. It is time for Oregonians to start this conversation again. The ACLU of Oregon, on behalf of its more than 10,000 members, will monitor the next steps of our state Legislative and Executive branches on this important issue.

At the same time we extend our thanks to Governor Kitzhaber for his courageous action, we recognize that there are victims of Gary Haugen’s crimes who are put in the middle of the debate about the use of the death penalty in Oregon.

Victory! Gov. Kitzhaber Blocks Execution of Gary Haugen

November 22, 2011 - At a press conference this afternoon, Gov. Kitzhaber said he will not allow further executions while he's in office and is calling for a review of the death penalty system in Oregon.

The ACLU of Oregon appreciates this courageous act on the part of the governor. We would also like to the thank the nearly 1,000 ACLU supporters who took action through our online letter asking the governor to block this execution and re-examine a system that is expensive, broken and arbitrary.

See the full text of Gov. Kitzhaber's prepared statement here.

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