Terry Collins, for­mer direc­tor of the Ohio Department of Rehabilitation and Correction, recent­ly urged the state to replace cap­i­tal pun­ish­ment with life in prison with­out parole. In an op-ed in the Columbus Dispatch, Collins said he per­son­al­ly observed the exe­cu­tion of 33 men from 2001 to 2010, and ques­tioned whether it was the right thing to do all 33 times: Had all the reviews and appeals got this case right? Did the process make cer­tain, absolute­ly, there was no mis­take or error? I won­dered that because I had pre­vi­ous­ly walked peo­ple out of prison who were found not guilty after years of incar­cer­a­tion. What if we got it wrong for those we exe­cut­ed?” Collins also address­es the high costs of the death penal­ty, both fis­cal­ly and those borne by vic­tims’ fam­i­lies. He said, An increas­ing num­ber of fam­i­lies ask the state not to pur­sue the death penal­ty so that they are not faced with the painful task of attend­ing appeals hear­ings, and so they can achieve clo­sure. Life impris­on­ment with­out parole offers jus­tice that is swift, cer­tain, effec­tive­ly severe and per­haps more sen­si­tive to the needs of heal­ing vic­tims’ fam­i­lies.” Collins also not­ed that death sen­tences have dras­ti­cal­ly reduced since life with­out the pos­si­bil­i­ty of parole became an option in Ohio, adding Many in our soci­ety have deemed this alter­na­tive to be a rea­son­able mea­sure and a way to keep Ohio com­mu­ni­ties safe, some­thing every mem­ber of the law-enforce­ment com­mu­ni­ty val­ues. We can have con­fi­dence know­ing that when nec­es­sary, we can safe­ly incar­cer­ate offend­ers for life.” Read full op-ed below.

Justice sys­tem can be improved by remov­ing ulti­mate penal­ty
By Terry Collins

For more than 32 years I had the hon­or of work­ing at the Ohio Department of Rehabilitation and Correction. During my career I held var­i­ous posi­tions, includ­ing war­den, region­al direc­tor, assis­tant direc­tor and then direc­tor. In car­ry­ing out the respon­si­bil­i­ties of my posi­tions and the law of this great state, I per­son­al­ly observed the exe­cu­tion of 33 men from 2001 to 2010.

All 33 times, in the back of my mind I ques­tioned: Had all the reviews and appeals got this case right? Did the process make cer­tain, absolute­ly, there was no mis­take or error? I won­dered that because I had pre­vi­ous­ly walked peo­ple out of prison who were found not guilty after years of incar­cer­a­tion. What if we got it wrong for those we executed?

Our judi­cial and cor­rec­tions sys­tem is among the finest in the world. We pro­vide some of the best attor­neys, judges and cor­rec­tions per­son­nel any­where. I know, have met and have worked close­ly with so many of them. Our judi­cial sys­tem is the envy of nations. Yet, we con­tin­ue to be one of the few indus­tri­al­ized nations to car­ry out the death penal­ty when we know mistakes happen.

I respect Ohio Supreme Court Justice Paul E. Pfeifer’s con­cerns about the death penal­ty. He wrote the law as a leg­is­la­tor and observed its imple­men­ta­tion in the state’s high­est court. His con­clu­sion that it is exceed­ing­ly dif­fi­cult for the death penal­ty to be admin­is­tered in a fair and just way is wor­thy of pub­lic debate and scrutiny.

The death penal­ty is expen­sive, often inef­fi­cient and always time-con­sum­ing. Too often our jus­tice sys­tem does not place the worst of the worst on Death Row. I saw some of the worst offend­ers in our prison sys­tem, and often they were not on Death Row. It sur­prised me, at times, to see who did end up on Death Row. I think this dis­par­i­ty is impor­tant for state lead­ers to address.

I am con­vinced that the death penal­ty is not a fis­cal­ly respon­si­ble pol­i­cy for Ohio. It costs mil­lions of dol­lars to exe­cute peo­ple in Ohio, more than life impris­on­ment. Those costs begin at the tri­al phas­es and con­tin­ue through appeals to pay for lawyers, judges and pris­ons. The expense of coun­ty and state resources that go into two sep­a­rate tri­als in death penal­ty cas­es (one to decide inno­cence or guilt and the sec­ond to decide life or death) adds up quick­ly before any­one spends a sin­gle day on Death Row. Then the appeals begin, com­pound­ing these enor­mous costs. It is also expen­sive to main­tain Death Rows once offend­ers begin to serve their time there. Costs relat­ed to the death penal­ty should be of seri­ous con­cern, giv­en our state’s need for cost-effec­tive judicial reform.

There is anoth­er cost that we do not always con­sid­er: that borne by vic­tims’ fam­i­lies. It is emo­tion­al­ly trau­mat­ic for the fam­i­lies of vic­tims to be recalled into courts year after year because of so many death-penal­ty appeals. I observed first­hand the emo­tions of the vic­tims’ fam­i­lies. An increas­ing num­ber of fam­i­lies ask the state not to pur­sue the death penal­ty so that they are not faced with the painful task of attend­ing appeals hear­ings, and so they can achieve clo­sure. Life impris­on­ment with­out parole offers jus­tice that is swift, cer­tain, effec­tive­ly severe and per­haps more sen­si­tive to the needs of heal­ing vic­tims’ families.

Since life with­out parole became an option in Ohio, the num­ber of death sen­tences has been dras­ti­cal­ly reduced. Many in our soci­ety have deemed this alter­na­tive to be a rea­son­able mea­sure and a way to keep Ohio com­mu­ni­ties safe, some­thing every mem­ber of the law-enforce­ment com­mu­ni­ty val­ues. We can have con­fi­dence know­ing that when nec­es­sary, we can safe­ly incar­cer­ate offend­ers for life.

Ohioans, whether they sup­port or oppose the death penal­ty, should take notice that one of the great­est crit­ics of cap­i­tal pun­ish­ment is the same man who once sup­port­ed it and worked to make it law.

The rea­son­able course of action for state offi­cials is to begin to have seri­ous and thought­ful con­ver­sa­tions about whether Ohio’s death penal­ty remains nec­es­sary, fair and effec­tive. My expe­ri­ence tells me that our jus­tice sys­tem can be even more effec­tive and fair with­out Death Rows and the death penalty.

Terry Collins is a retired direc­tor of the Ohio Department of Rehabilitation and Correction.

(T. Collins, Justice sys­tem can be improved by remov­ing ulti­mate penal­ty,” Columbus Dispatch, January 25, 2011). Read more New Voices. See Cost, Innocence, Life Without Parole and Victims.

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