2
   

Stay of execution = due process violation?

 
 
Reply Thu 22 Dec, 2011 09:35 am
I don't know how much press or interest this story has received outside of Oregon so I'll give a quick rundown:

Gary Haugen was convicted of murder and given life in prison, while in prison he killed another inmate. He was convicted of this murder and was sentenced to death.

Haugen waived his appeals in protest of a" legal system and what he described as the arbitrary and vindictive nature of the death penalty" and because he would rather be dead than live on death row.

Our current governor stayed the execution saying he would not sign any death warrants while in office. (I don't know if "death warrant" is the correct term -- I'm talking about whatever the Gov. signs to let the execution takes place.)

In a letter to the editor of our paper yesterday, Haugen writes:

Quote:
Rumor has it that Kitzhaber's reprieve (one that I did not request) carries with it no appellate rights to challenge this intrusive intervention. As in the early days at Guantanamo Bay when enemy combatants could be held indefinitely without due process, Kitzhaber (by virtue of his reprieve) has declared me an enemy combatant to his conscience. Like the folks at Guantanamo I have been stripped of any due process or due course of law for the duration of this moratorium. Ironically, my rights have been taken away in favor of this war on an "inequitable system" and an "unworkable system that fails to meet the basic standards of justice." I am not able to appeal or challenge this reprieve. Perhaps the governor was referring to some other basic standards.


(Full letter: http://blog.oregonlive.com/myoregon/2011/12/letters_gary_haugen_on_the_dea.html

Can a stay of execution be a due process violation?

Isn't a stay part of the process?

Can any of you legal eagles help me sort this out?
  • Topic Stats
  • Top Replies
  • Link to this Topic
Type: Question • Score: 2 • Views: 1,717 • Replies: 5
No top replies

 
boomerang
 
  1  
Reply Thu 22 Dec, 2011 12:52 pm
Nobody knows whether not killing this guy violates his due process?
DrewDad
 
  2  
Reply Thu 22 Dec, 2011 01:06 pm
@boomerang,
The guy sounds completely nuts, IMO.

Personally, I don't see how delaying the execution is a violation of due process.

He's had his due process; his right to a speedy trial was upheld.

I don't think the Constitution requires speedy implementation of the sentence; it just prevents cruel and unusual punishment.
boomerang
 
  1  
Reply Thu 22 Dec, 2011 01:45 pm
@DrewDad,
That's pretty much what I thought. The whole thing reminds me of Catch - 22.

But then I started wondering if once appeals have been exhausted (or, in this case, waived) whether part of the due process is to see the execution through if the prisoner is ready to die.
0 Replies
 
joefromchicago
 
  2  
Reply Thu 22 Dec, 2011 01:51 pm
@boomerang,
boomerang wrote:
Can a stay of execution be a due process violation?

Isn't a stay part of the process?

Can any of you legal eagles help me sort this out?

I think Haugen is suggesting that he has a "right" to be executed, which isn't a right at all.

I'm not sure how he thinks he should be allowed to appeal the governor's stay of execution. If the governor is in the same position as the state prosecutor, then it's clear that the state can dismiss a case or reduce the charges it seeks against a defendant and there's nothing the defendant can do about it. The system doesn't even have a mechanism for entertaining a defendant's objections to the state's leniency, as far as I know.
boomerang
 
  1  
Reply Thu 22 Dec, 2011 02:09 pm
@joefromchicago,
I think this guy is just trying to press the case because he wants to bring attention to the death penalty and that has certainly worked here if you can judge by the clamor.

It will be interesting to see what happens from here.
0 Replies
 
 

Related Topics

 
  1. Forums
  2. » Stay of execution = due process violation?
Copyright © 2023 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.04 seconds on 02/03/2023 at 05:27:05