“Oklahoma Is Like Turning It Up To 11”: If Oklahoma Gets Any Redder It’s Going To Start Blistering And Peeling
Rachel recently told viewers, “What we are actually seeing now in terms of the options for governance is not just blue states and red states, but rather blue states and then red states – and then Oklahoma. Oklahoma is like turning it up to 11…. If Oklahoma gets any redder it’s going to start blistering and peeling.”
That was 11 days ago, before this week’s gut-wrenching, botched execution.
And the public official whose leadership has made Oklahoma’s shift to the hard right possible is Gov. Mary Fallin (R). Her administration’s approach to lethal injections has suddenly generated international attention, but as Irin Carmon noted, the Republican governor has cultivated a striking reputation on a variety of fronts.
An execution this week that went terribly wrong has catapulted Oklahoma Governor Mary Fallin, a Republican, to the national stage. But there’s more to Fallin than her zeal for capital punishment. The first female governor of Oklahoma has also quashed broader criminal justice reform, refused Medicaid expansion that would cover 150,000 Oklahoma residents, signed 10 new restrictions on abortion and contraception, blocked local minimum wage increases, and slashed education funding.
Chris Hayes joked the other day, “I used to say [Pennsylvania’s] Tom Corbett was my dark horse candidate for worst governor in the country, but Mary Fallin has now taken the lead.”
Carmon’s piece reads like an indictment of sorts: Fallin has pushed a regressive economic agenda, waging a “war against income taxes” while blocking minimum- wage increases; she’s cut investments in education; she’s blocked health care coverage for 150,000 low-income Oklahomans; and she’s waged a far-right culture war, imposing new restrictions on reproductive rights and making it tougher for National Guard in Oklahoma to receive equal benefits if they’re in same-sex marriages.
But it’s Fallin’s approach to the death penalty that appears to have made her famous. Remember, it was her administration that said it was prepared to defy a state Supreme Court ruling in order to execute two Oklahomans, using a combination of chemicals state officials did not want to disclose, from a drug manufacturer the state did not want to identify.
The governor has called for a review of this week’s fiasco, but David Firestone reported yesterday that Fallin’s order is itself dubious.
Did anyone really believe that Gov. Mary Fallin of Oklahoma would allow a truly independent review of the “execution” – death by torture is more like it – that shocked the conscience of the nation and the world on Tuesday night? […]
Any serious investigation of the fiasco would have to closely examine the governor’s conduct leading up to it. But she doesn’t have to worry. To lead the “independent” review, she appointed her own employee, the state commissioner of public safety, Michael Thompson. And he won’t be considering her actions. The review, she said, would be limited to three items: the cause of Mr. Lockett’s death, whether the Corrections Department followed the correct protocol and how that department can improve its procedures in the future.
In other words, she asked one of her commissioners to investigate another one, which doesn’t exactly instill confidence that the review will be “deliberate and thorough,” as she described it.
With a record like this, can scuttlebutt about Fallin’s prospects as a national candidate be far behind?
By: Steve Benen, The Maddow Blog, May 2, 2014
“It’s Not About Them, It’s About Us”: Guillotine Revival Movement Gains Momentum
When things began to go terribly wrong with Clayton Lockett’s execution in Oklahoma the other day—when instead of drifting gently off into unconsciousness and death, Lockett began to moan and buck on the gurney—one of the first things the officials did was lower the blinds over the window through which observers peered into the death chamber. Because after all, people shouldn’t have to witness a man suffer as the state is killing him, right?
Lockett’s execution was hardly the first botched one we’ve had, particularly with lethal injection, a process prison officials seem extraordinarily incompetent at implementing properly. But for whatever reason, it has brought about a more substantial debate about the death penalty than we’ve had in some time. And as part of that, it looks like my semi-serious advocacy for the return of the guillotine is finally gaining momentum. It already has endorsements from Conor Friedersdorf and Sonny Bunch, with more sure to follow.
Frankly, I’ve never bought the argument that the death penalty violates the Constitution’s ban on “cruel and unusual punishment.” Unusual, maybe—it has become not just unusual but unheard of in democratic countries (the nations with the highest number of executions last year were, in order, China, Iran, Iraq, Saudi Arabia, and the U.S. of A.). But cruel? It seems that spending your life in prison is far worse than being executed. Though Lockett was in obvious pain for three-quarters of an hour before he finally expired, that pain couldn’t possibly match the extended agony endured by the tens of thousands of people we put in solitary confinement, where the lack of human contact literally drives them insane.
But back to our execution methods. It does seem that as the killing techniques have evolved, what we’ve called more “humane” methods are not about minimizing the suffering of the condemned, but about minimizing the gruesomeness of the spectacle, so that we can perform the execution without feeling like barbarians. It’s not about them, it’s about us. We did away with the firing squad in favor of the electric chair, even though the latter involves a lot more suffering, and why? Well, it involves just pulling a switch instead of actually pulling a trigger and sending a bullet hurtling toward a man’s heart. And there’s no blood splatter on the walls.
But the electric chair is pretty awful to watch—the body convulsing in obvious torment and all that—so we went to lethal injection. And despite the fact that we’re perfectly capable of knocking people out before surgery and gently putting a beloved pet to sleep, the geniuses who run our prisons can’t seem to do it without putting the condemned through substantial pain.
So if you recoil from the idea of the guillotine, ask yourself why. It’s fast, foolproof, and essentially painless. If you were going to be executed, wouldn’t it be near the top of your list for ways to go? You can’t argue that Clayton Lockett would have met a crueler end had his head been lopped off than what he actually went through. We could even come up with a more contemporary version, like a fast-moving saw blade that separates your brain from your body in a fraction of a second.
The visceral objection you have to that thought is not about the suffering of the one being executed, it’s about how you’d feel watching it. The guillotine, with its blood and severed head, would make us feel uncomfortable about what we’re doing when the state executes someone in our name. It would make us feel barbaric. As well it should.
If we’re going to keep the death penalty, we should be honest about what it’s for. It isn’t for deterrence, and it isn’t for justice. It’s for vengeance. We can try to make it “humane,” and we can draw the blinds when the truth of it comes uncomfortably close the surface. But that won’t change what it is.
By: Paul Waldman, Contributing Editor, The American Prospect, May 2, 2014
“Why Even Pretend?”: There’s No Humane Way To Carry Out The Death Penalty
No one who supports the death penalty should have the slightest problem with the way Clayton Lockett died.
Lockett, a convicted murderer, spent 43 minutes in apparent agony Tuesday night as the state of Oklahoma tried to execute him by injecting an untested cocktail of drugs. Instead of quickly losing consciousness, he writhed in obvious distress and attempted to speak. Witnesses described what they saw as horrific.
Prison authorities halted the procedure — they were going to revive Lockett so they could kill him at a later date, presumably in a more aesthetically pleasing manner — but the condemned man suffered a heart attack and died.
The state postponed a second execution that had been scheduled for the same night, but I wonder why. We fool ourselves if we think there is a “humane” way to way to kill someone. Sure, the second inmate, Charles Warner, probably would have suffered an equally agonizing death. But isn’t this the whole point?
When I read about the crimes Lockett committed, I wish I could support capital punishment. When I read about what Warner did, I want to strangle him with my own hands. But revenge is not the same thing as justice, and karmic retribution is not a power I trust government to exercise. The death penalty has no place in a civilized society.
Lockett raped, brutalized and murdered a 19-year-old woman who had graduated from high school just two weeks earlier, shooting her and then burying her alive. Lockett and his accomplices also beat and robbed a 23-year-old man and raped an 18-year-old woman. The crimes took place in 1999; Lockett has been awaiting execution since 2000.
Warner, the other man who was to die in the Oklahoma execution chamber Tuesday, was convicted in 1999 of raping and murdering an 11-month-old child who was the daughter of his live-in girlfriend. The baby suffered unspeakable abuse.
The question is not whether Lockett and Warner deserve to die; clearly they do, as far as I’m concerned. The question is whether our society, acting through the instrument of government, should kill them. I believe there is no way to impose capital punishment without betraying the moral standards that our justice system is theoretically designed to uphold. Put simply, when we murder we become murderers.
Perhaps the most powerful argument against the death penalty is that it is irreversible. Sometimes, judges and juries make honest mistakes and innocent people may be condemned to death. Some studies have shown an apparent racial bias in the way capital punishment is meted out, with blacks who kill whites more likely than other defendants to end up on death row.
Put all this aside for the moment and assume that both Lockett and Warner committed those heinous crimes and that each was convicted in a scrupulously fair trial. The judgment of the state of Oklahoma is that both men must die. How, then, are they to be killed?
What about a public beheading, like in Saudi Arabia? No one would seriously suggest such a thing. Yet a razor-sharp sword surely would have been less agonizing — or at least much quicker — than the drugs injected into Lockett’s bloodstream.
The general idea of lethal injection is to give the condemned a powerful sedative followed by one or more lethal agents. But the sole manufacturer of one of the commonly used drugs stopped making it in 2011. Drug makers in Europe, where the death penalty is considered barbaric, refuse to export drugs to the United States for use in executions. As a result, there have been shortages. Oklahoma was using a new, unproven cocktail to kill Lockett.
Reportedly, Lockett’s vein “blew” shortly after the execution began, meaning that he was not getting the full doses. But his was hardly the first lethal injection execution in which the condemned showed visible signs of great pain.
I would argue that there’s no reason to believe lethal injection is a more humane way to end a life than electrocution, poison gas, hanging, firing squad or even guillotine. Of course, we’ll never know. We can tell ourselves any story we want about how quickly and painlessly death arrived, and the one person who could prove us wrong will never speak again.
But why even pretend? Clayton Lockett was a bad man. Those who believe it was right to kill him have no reason to be ashamed of the way he died — and no right to look away.
By: Eugene Robinson, Opinion Writer, The Washington Post, May 1, 2014
“A Pattern For The Court”: SCOTUS’s Meaningless Death Penalty Rules
Monday evening, the state of Florida executed John Errol Ferguson. This was not an act of injustice because Ferguson was innocent—he brutally killed eight people. It was an act of injustice because Ferguson was mentally ill. The Eighth Amendment forbids his execution.
In 2008, the Supreme Court held that a person cannot be executed if he or she is insane at the time of his or her execution. To the extent that the term has meaning, it’s hard to imagine that it doesn’t apply to Ferguson, who experts have testified has a “genuine belief” that he is the “prince of God” and has the power to control the sun. Stephanie Mencimer of Mother Jones details Ferguson’s history of mental illness:
Ferguson’s story, and long-documented record of mental illness, starts back in 1965, when records show Ferguson was suffering from hallucinations. In 1971, he was committed to a state mental hospital after being diagnosed as a paranoid schizophrenic. For the next several years, court-appointed doctors repeatedly reported that Ferguson was psychotic and in need of long-term hospitalization.
In 1975, a court-appointed psychiatrist reported that Ferguson was “suffering from a major mental disorder and is extremely dangerous to himself and others. He is dangerous to the point where he is considered homicidal … He should be in a maximum security ward … He should not be released under any circumstances.”
As Mencimer goes on to explain, Ferguson was nonetheless released from custody, a decision and failure of judgment that cost eight people their lives. Yet Florida continues to deny the obvious about Ferguson’s paranoid schizophrenia. Despite its earlier command, the Supreme Court allowed him to be executed without comment.
This kind of outcome is becoming a pattern for the Court, as we saw earlier this year with respect to its formal holding that executing someone with a severe mental handicap violates the Eighth Amendment. The Supreme Court’s prohibition on executing the mentally handicapped or severely ill have become more of a Potemkin village façade of fairness than the real thing because of its refusal to define or enforce any kind of substantive standard to determine whom the rule applies to. The Court’s deference to state determinations—no matter how implausible they are—means that the only states that won’t execute those with severe mental incapacities are those already committed not to doing so. Any state that lacks that commitment can proceed as before.
This is illustrative of the larger problem with the death penalty: The American criminal-justice system does not appear capable of rationally designating only those most clearly culpable of heinous crimes for execution. It remains true, in the memorable phrase of Justice Potter Stewart, that capital punishment as applied by the states is “cruel and unusual in the same way that being struck by lightning is cruel and unusual.” Some people are executed while others found guilty of more horrible crimes in the same state are not, and some people who are executed are probably not guilty of anything. The Supreme Court’s occasional gestures towards making the death penalty less arbitrary have done almost nothing to alter this fact.
And yet, as Sarah Muller of MSNBC points out, not only is Florida refraining from tightening its procedures, it’s actively seeking to speed up executions with its “Timely Justice Act.” It’s become increasingly hard to imagine that the Supreme Court will stand in the state’s way, which will have the effect of making an already unjust and error-prone process for killing people even more so.
By: Scott Lemieux, The American Prospect, August 7, 2013
“Could This Prompt A Rush On Executions?”: Texas Running Low On Lethal Injection Drug But Confident It Won’t Miss A Beat
Texas already leads the nation in carrying out executions, having killed 11 inmates so far this year. The state’s Department of Criminal Justice announced this week, however, that state supplies of the sedative pentobarbital, used in the three-drug lethal injection cocktail, were running low and remaining supplies would expire by September. Like other states, Texas switched to pentobarbital when supplies of another sedative regularly used in the lethal cocktail were cut off. Now the situation is repeating with this sedative.
However, as the Guardian noted, a spokesman for the Texas Department of Criminal Justice, Jason Clark, expressed confidence that it would be able to continue to carry out executions. “Alternate sources of pentobarbital are possible, or an alternate drug,” he said.
When Georgia faced a similar predicament earlier this year, with its limited supplies of lethal drugs nearing expiration, a troubling situation arose in which the state attempted to rush through a spate of executions. As I noted in February, state prosecutors pushed aggressively to overturn the stay of execution granted intellectually disabled death row inmate Warren Hill (although the stay remains) and reportedly executed 38-year-old Andrew Allen Cook (on death row since 1995 for the murder of two college students) in the hurry prompted by drug shortages.
With 300 inmates currently on Texas death row, attempts to speed up executions before pentobarbital supplies expire would be of grave concern to human rights advocates. It is of some hope, however, that more and more death penalty states are under a stranglehold from companies and authorities around the world refusing to provide drugs used in executions.
By: Natasha Lennard, Salon, August 2, 2013
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