Legal News

Death Row Inmate Compelled to Accept Reprieve He Sought to Reject
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Sunday, the Oregon Supreme Court ruled that a condemned murderer trying to seek his own death warrant in the face of reprieve was bound to accept the reprieve. In November 2011, Oregon Governor John Kitzhaber had issued a blanket reprieve to all prisoners on Oregon’s death row.

However, he did not commute the sentences of the death row inmates permanently, holding that he did not have the personal capacity to change the state’s law on capital punishment by acting alone.

Kitzhaber’s blanket reprieve came about a month prior to the scheduled execution of Gary Haugen, who was convicted of killing his girlfriend’s mother. Later he and another person were convicted of killing a prison inmate.

  
What
Where


Haugen argued that it was cruel and unusual punishment to order an impermanent reprieve that left death row inmates on limbo, unsure of their future. He sued to have his death warrant issued.

A lower court held that he had the right to reject the reprieve, but the Oregon Supreme Court overturned the decision of the lower court and held that the prison inmate did not have the right to reject the reprieve.

Oregon Chief Justice Thomas Balmer observed that “nothing inherent in the world ‘reprieve’ requires the recipient’s acceptance for the reprieve to be effective.” The court also rejected the argument that a temporary reprieve from execution created cruel and unusual punishment due to uncertainty.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Kitzhaber, who is a staunch opponent of capital punishment welcomed the ruling of the Oregon Supreme Court and issued a statement calling “for a reevaluation of our current system that embraces capital punishment, which has devolved into an unworkable system that fails to meet the basic standards of justice.”

Currently, 18 U.S. states have abolished the death penalty.





 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-level Litigation Attorney with motions experience

USA-WA-Seattle

Seattle office of our client seeks mid-level litigation attorney with 3-5 years of experience, inclu...

Apply Now

Environmental /Land Use Attorney with 2-3 years of experience

USA-CA-San Francisco

San Francisco office of our client seeks environmental /land use attorney with 2-3 years of experien...

Apply Now

Litigation Attorney with 2-5 years of insurance defense experience

USA-FL-Jacksonville

Jacksonville office of our client seeks litigation attorney with 2-5 years of previous insurance def...

Apply Now

Land Use, Zoning Attorney with 2-6 years of real estate experience

USA-NY-Fishkill

Fishkill office of our client seeks land use, zoning and development attorney with 2-6 years of comm...

Apply Now

RELEVANT JOBS

Experienced Insurance Defense Attorney Needed

USA-NY-Bohemia

Insurance Defense firm (with 15 attorneys in Suffolk and Mineola location), seeks attorneys with 5+ ...

Apply now

Corporate / Commercial Attorney | Lebanon, NH

USA-NH-Lebanon

Downs Rachlin Martin PLLC seeks an experienced corporate / commercial attorney to join its Lebanon o...

Apply now

Business Law Junior Associate | Burlington, VT

USA-VT-Burlington

Downs Rachlin Martin seeks associate attorney with 1-3 years of experience to join its Commercial an...

Apply now

Business Law Associate | Burlington

USA-VT-Burlington

Downs Rachlin Martin is seeking an attorney with 4 to 8 years of experience to join its very busy pr...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top