The governor of Ohio has issued reprieves postponing the three executions that were coming up in that state. He put them off until two, three, and four months from now. His statement on the reprieves includes this:
During my tenure as Governor, before I allow an execution to proceed, my staff and I will have conducted a comprehensive, thorough and searching review of the case to determine if any exercise of executive clemency is appropriate. The brief time I have been Governor has not allowed me sufficient time to conduct that type of review and there is not sufficient time before these scheduled executions to complete that type of review.
Executive clemency is an essential part of the process. With the notable exceptions of governors who clear out death row on their way out the door, it has not been the instrument of the delays and denials of justice that we have routinely seen in collateral review. A publicly careful consideration of clemency does much to bolster public confidence that the death penalty is, in fact, being administered fairly. Commutation is appropriate in the event that, at the end of the process and considering all available evidence regardless of its admissibility at trial, there remains a substantial doubt of the identity of the perpetrator. Historically, clemency was also appropriate in cases where rigid sentencing systems imposed sentences that were excessive when considering factors not considered by the system. The death penalty today is so restricted that the number of such cases is vanishingly small, but it remains a possibility to be considered.
Personally, I consider it a positive development that the governor makes it a point to not only consider the cases carefully but to demonstrate to the public that he is doing so. He should take enough time to do that. The time actually stated in the order is more than required in my opinion, but not excessively so. I will reserve further judgment until I see how he actually decides the petitions, and on what basis.
The order further states, "The Department should carry out their sentences on the last date of their respective reprieves at a time established on that day by the Department." Apparently it is not necessary to go back through a date-setting procedure after a reprieve in Ohio. That's good.
Reginald Fields of the Cleveland Plain Dealer reports here.
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