Capital punishment in Washington
Encyclopedia
Capital punishment
is a legal form of punishment in the U.S. state
of Washington. A total of 110 executions have been carried out in the state and its predecessor territories
since 1849. All but three were by hanging
.
, were hanged for murder. Executions are rarely carried out in the state — the most executions in one year was five in 1939, and there was an average of less than one hanging per year between 1849 and 1963.
The death penalty was abolished in 1913 and reinstated in 1919. The statute remained unchanged until 1975, when it was again abolished. A referendum
in the same year reinstated it for a second time as the mandatory penalty for aggravated murder in the first degree. Supreme Court of the United States
rulings in Woodson v. North Carolina, and Roberts v. Louisiana, , , meant that such a law was unconstitutional and the statute was modified to give detailed procedures for imposing the death penalty.
This new law was itself found unconstitutional by the Washington Supreme Court
, as a person who had pled not guilty could be sentenced to death, while someone who pled guilty would receive a maximum sentence of life imprisonment
without possibility of parole. The current law was passed in 1981 to correct these constitutional defects.
at Walla Walla
, which is also the site of executions. Females are housed at Washington Corrections Center for Women at Purdy near Gig Harbor while awaiting execution.
Since June 6, 1996 inmates have been able to choose if their execution will be carried out by lethal injection
or hanging. If the inmate makes no decision, the default method is lethal injection. It should also be noted that Washington is the only state with an active gallows
(Delaware dismantled theirs in 2003).
According to the Revised Code of Washington § 10.95.180, executions in Washington:
On September 10, 2010; Washington became the second state, after Ohio
, to use a single dose injection of sodium thiopental
as opposed to the typical three drug protocol used in most other jurisdictions. The single-drug protocol was used during the execution of Cal Coburn Brown.
Other offenses that may result in a death penalty include:
As in any other state, people who are under 18 at the time of commission of the capital crime or mentally retarded are constitutionally precluded from being executed.
As of September 10, 2010, there were eight individuals on Washington's death row, all of them men.http://seattletimes.nwsource.com/html/localnews/2012856011_deathrow10m.html?syndication=rss
In 2004, the Washington State Bar Association
's Council on Public Defense chartered a sub-committee to examine "the practical wisdom of continuing to pursue death penalty prosecutions in light of Washington's experience with sentence reversals, potential benefits to the criminal justice system from cost savings" and other matters. Made up of both opponents and advocates, the subcommittee issued its final report in December, 2006. Noting the extra costs associated with capital trials and great disparities in the current system, the report suggested that compensation for attorneys be increased, with all defense and prosecution costs to be paid by the state.
As of 2010, the Washington State Department of Corrections lists eight men on death row. Three of these are African-American, at a incidence rate approximately ten times greater than their 3.7% presence in the general population of Washington state.
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
is a legal form of punishment in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Washington. A total of 110 executions have been carried out in the state and its predecessor territories
Washington Territory
The Territory of Washington was an organized incorporated territory of the United States that existed from February 8, 1853, until November 11, 1889, when the final extent of the territory was admitted to the Union as the State of Washington....
since 1849. All but three were by hanging
Hanging
Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
.
History
The first hangings occurred on January 5, 1849 when Cussas and Quallahworst, two Native AmericansNative Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
, were hanged for murder. Executions are rarely carried out in the state — the most executions in one year was five in 1939, and there was an average of less than one hanging per year between 1849 and 1963.
The death penalty was abolished in 1913 and reinstated in 1919. The statute remained unchanged until 1975, when it was again abolished. A referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
in the same year reinstated it for a second time as the mandatory penalty for aggravated murder in the first degree. Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
rulings in Woodson v. North Carolina, and Roberts v. Louisiana, , , meant that such a law was unconstitutional and the statute was modified to give detailed procedures for imposing the death penalty.
This new law was itself found unconstitutional by the Washington Supreme Court
Washington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms...
, as a person who had pled not guilty could be sentenced to death, while someone who pled guilty would receive a maximum sentence of life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
without possibility of parole. The current law was passed in 1981 to correct these constitutional defects.
Method
Death Row for males is located at Washington State PenitentiaryWashington State Penitentiary
Washington State Penitentiary is a Washington State Department of Corrections men's prison located in Walla Walla, Washington...
at Walla Walla
Walla Walla, Washington
Walla Walla is the largest city in and the county seat of Walla Walla County, Washington, United States. The population was 31,731 at the 2010 census...
, which is also the site of executions. Females are housed at Washington Corrections Center for Women at Purdy near Gig Harbor while awaiting execution.
Since June 6, 1996 inmates have been able to choose if their execution will be carried out by lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
or hanging. If the inmate makes no decision, the default method is lethal injection. It should also be noted that Washington is the only state with an active gallows
Gallows
A gallows is a frame, typically wooden, used for execution by hanging, or by means to torture before execution, as was used when being hanged, drawn and quartered...
(Delaware dismantled theirs in 2003).
According to the Revised Code of Washington § 10.95.180, executions in Washington:
- "…shall be inflicted by intravenous injection of a substance or substances in a lethal quantity sufficient to cause death and until the defendant is dead, or, at the election of the defendant, by hanging by the neck until the defendant is dead."
On September 10, 2010; Washington became the second state, after Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, to use a single dose injection of sodium thiopental
Sodium thiopental
Sodium thiopental, better known as Sodium Pentothal , thiopental, thiopentone sodium, or Trapanal , is a rapid-onset short-acting barbiturate general anaesthetic...
as opposed to the typical three drug protocol used in most other jurisdictions. The single-drug protocol was used during the execution of Cal Coburn Brown.
Capital offenses
The following are considered circumstances for aggravated first degree murder:- MurderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of an on-duty law enforcement officerPoliceThe police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
, corrections officer, or firefighterFirefighterFirefighters are rescuers extensively trained primarily to put out hazardous fires that threaten civilian populations and property, to rescue people from car incidents, collapsed and burning buildings and other such situations... - Murder by a prisonerPrisonA prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
- contract killingContract killingContract killing is a form of murder, in which one party hires another party to kill a target individual or group of people. It involves an illegal agreement between two parties in which one party agrees to kill the target in exchange for consideration, monetary, or otherwise. The hiring party may...
- Murder resulting from the discharge of a firearm from or near a motor vehicle
- Murder while committing robberyRobberyRobbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
, rapeRapeRape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
, burglaryBurglaryBurglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
, kidnappingKidnappingIn criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, arsonArsonArson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires... - Murder of more than one person
- Murder of a news reporter to obstruct or hinder
- Murder of a person who held a restraining orderRestraining orderA restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions...
against the assailant - Murder of a person with whom the murderer had a "family or household members"
- Murder to obtain or maintain membership or to advance position in the hierarchy of an organization, association, gangGangA gang is a group of people who, through the organization, formation, and establishment of an assemblage, share a common identity. In current usage it typically denotes a criminal organization or else a criminal affiliation. In early usage, the word gang referred to a group of workmen...
or identifiable group
Other offenses that may result in a death penalty include:
- TreasonTreasonIn law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
As in any other state, people who are under 18 at the time of commission of the capital crime or mentally retarded are constitutionally precluded from being executed.
Executions since 1976
A total of five individuals have been executed by the state of Washington since 1976. All were convicted of murder.| Executed person | Date of execution | Method | Victims | Under Governor | |
|---|---|---|---|---|---|
| 1 | Westley Allan Dodd Westley Allan Dodd Westley Allan Dodd was a convicted American serial killer and child molester. He has been called "one of the most evil killers in history." His execution on January 5, 1993, was the first legal hanging in the United States since 1965.- His childhood years :Westley Allan Dodd was born in Richland,... |
January 5, 1993 | hanging Hanging Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain... |
Cole Neer, William Neer, and Lee Islei. | Booth Gardner Booth Gardner Booth Gardner , an heir to the Weyerhaeuser fortune, was the 19th Governor of the U.S state of Washington between 1985 and 1993. He also served as the ambassador of the GATT. He is a Democrat. Before serving as governor, Gardner was Pierce County Executive... |
| 2 | Charles Rodman Campbell | May 27, 1994 | hanging | Renae Wicklund, Shannah Wicklund, and Barbara Hendrickson. | Mike Lowry Mike Lowry Michael Edward "Mike" Lowry served as the 20th Governor of the U.S. state of Washington from 1993 to 1997. Lowry is a Democrat.Lowry was born and raised in St. John, Washington, and graduated from Washington State University in 1962... |
| 3 | Jeremy Vargas Sagastegui Jeremy Vargas Sagastegui Jeremy Vargas Sagastegui was convicted of three counts of aggravated first-degree murder for the drowning and beating of Kievan Sarbacher, 3, and the shooting deaths of his mother, Melissa Sarbacher, 21, and a second woman, Lisa Vera-Acevedo, 27.The killings occurred on November 19, 1995, in a... |
October 13, 1998 | lethal injection Lethal injection Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide... |
Kievan Sarbacher, Melissa Sarbacher, and Lisa Vera Acevado. | Gary Locke Gary Locke Gary Locke may refer to:*Gary Locke , Chinese American politician; U.S. Secretary of Commerce and former Governor of Washington*Gary Locke *Gary Locke... |
| 4 | James Homer Elledge James Homer Elledge James Homer Elledge was an American murderer who was executed by lethal injection in Washington State Penitentiary for the murder of 47 year old Eloise Jane Fitzner... |
August 28, 2001 | lethal injection | Eloise Jane Fitzner. | Gary Locke Gary Locke Gary Locke may refer to:*Gary Locke , Chinese American politician; U.S. Secretary of Commerce and former Governor of Washington*Gary Locke *Gary Locke... |
| 5 | Cal Coburn Brown | September 10, 2010 | lethal injection | Holly Washa. | Christine Gregoire Christine Gregoire Christine O'Grady "Chris" Gregoire is the 22nd and current Governor of the state of Washington, and a member of the Democratic Party. Gregoire defeated Republican candidate Dino Rossi in 2004, and again in 2008. She is the second female governor of Washington... |
As of September 10, 2010, there were eight individuals on Washington's death row, all of them men.http://seattletimes.nwsource.com/html/localnews/2012856011_deathrow10m.html?syndication=rss
Criticism
The Washington State Coalition to Abolish the Death Penalty is a 501(c)3 organization, incorporated in 1986. They oppose the death penalty on several moral and practical grounds, including its financial cost, low value as a deterrent, psychological cost to victim families and the clear execution of innocent people in other states.In 2004, the Washington State Bar Association
Washington State Bar Association
The Washington State Bar Association is the mandatory statewide bar association of Washington State. As an administrative arm of the Washington State Supreme Court, it administers the admissions, licensing, and discipline functions for lawyers licensed in Washington. It also acts as their...
's Council on Public Defense chartered a sub-committee to examine "the practical wisdom of continuing to pursue death penalty prosecutions in light of Washington's experience with sentence reversals, potential benefits to the criminal justice system from cost savings" and other matters. Made up of both opponents and advocates, the subcommittee issued its final report in December, 2006. Noting the extra costs associated with capital trials and great disparities in the current system, the report suggested that compensation for attorneys be increased, with all defense and prosecution costs to be paid by the state.
As of 2010, the Washington State Department of Corrections lists eight men on death row. Three of these are African-American, at a incidence rate approximately ten times greater than their 3.7% presence in the general population of Washington state.