"In light of the extensive information gathered from this year-long, in-depth study, the Commission members unanimously recommend that the current moratorium on the death penalty be extended."-The Report of the Oklahoma Death Penalty Review Commission

The Report of the Oklahoma Death Penalty Review Commission

The Oklahoma Death Penalty Review Commission (Commission) came together shortly after the state of Oklahoma imposed a moratorium on the execution of condemned inmates. In late 2015, Oklahoma executions were put on hold while a grand jury investigated disturbing problems involving recent executions, including departures from the execution protocols of the Department of Corrections. The report of the grand jury, released in May of 2016, was highly critical and exposed a number of deeply troubling failures in the final stages of Oklahoma’s death penalty. The Commission has spent over a year studying all aspects of the Oklahoma death penalty system, from arrest to execution, and even examined the costs of the system to taxpayers. The Commission was grateful to hear from those with direct knowledge of how the system operates—including law enforcement, prosecutors, defense attorneys, judges, families of murdered victims, and the families of those wrongfully convicted. In light of the extensive information gathered from this year-long, in-depth study, the Commission members unanimously recommend that the current moratorium on the death penalty be extended. The Commission did not come to this decision lightly. While some Commission members had disagreements with some of the recommendations contained in this report, there was consensus on each of the recommendations. Due to the volume and seriousness of the flaws in Oklahoma’s capital punishment system, Commission members recommend that the moratorium on executions be extended until significant reforms are accomplished. Many of the findings of the Commission’s year-long investigation were disturbing and led Commission members to question whether the death penalty can be administered in a way that ensures no innocent person is put to death. Commission members agreed that, at a minimum, those who are sentenced to death should receive this sentence only after a fair and impartial process that ensures they deserve the ultimate penalty of death. To be sure, the United States Supreme Court has emphasized that the death penalty should be applied only to “the worst of the worst.” Unfortunately, a review of the evidence demonstrates that the death penalty, even in Oklahoma, has not always been imposed and carried out fairly, consistently, and humanely, as required by the federal and state constitutions. These shortcomings have severe consequences for the accused and their families, for victims and their families, and for all citizens of Oklahoma. Many Oklahomans support the availability of the death penalty, as evidenced by the vote in favor of State Question 776 in the November 2016 election. Nevertheless, it is undeniable that innocent people have been sentenced to death in Oklahoma. And the burden of wrongful convictions alone requires the systemic corrections recommended in this report. viii The Report of the Oklahoma Death Penalty Review Commission This report is designed to highlight issues giving rise to urgent questions about the manner in which the death penalty is imposed and carried out in Oklahoma. The Commission hopes this report will help foster an informed discussion among all Oklahomans about whether the death penalty in our state can be implemented in a way that eliminates the unacceptable risk of executing the innocent, as well as the unacceptable risks of inconsistent, discriminatory, and inhumane application of the death penalty. The Commission encourages the Oklahoma Legislature, executive branch, and judiciary to take actions to address the systemic flaws in Oklahoma’s death penalty system. In submitting these recommendations, we adhere faithfully to important Oklahoma values and aspirations of innocence protection, procedural fairness, and justice for all.