Oregon

History of the Death Penalty

The death penalty was first adopted in Oregon in 1864. Hangings were carried out publicly until 1903, when the Oregon Legislature amended the law and moved executions to the Oregon State Penitentiary.

Timeline

1864 - Capital punishment is first adopted in Oregon.

1903 - The Oregon Legislature amends state law to move executions out of the public and into the Oregon State Penitentiary.

1904 - H.D. Egbert is hanged at the Oregon State Penitentiary, becoming the first man to be executed under the law.

1914 - Oregon abolishes the death penalty by a popular vote.

1920 - Oregon voters reinstate the death penalty.

1939 - LeRoy Hershel McCarthy becomes the first man to be executed in Oregon’s gas chamber. 17 men are executed by lethal gas following Mr. McCathy’ execution.

1964 - The last execution in Oregon takes place when 17-year-old John Anthony Soto, the youngest person in Oregon’s death row history, is executed.

1964 -  Oregon voters repeal capital punishment for the second time.

1978 -  The death penalty is reinstated by popular vote for the second time.

1981 - The Oregon Supreme Court declares the death penalty unconstitutional.

1984 - Oregon voters reinstate capital punishment despite the Supreme Court’s previous repeal.

1996 - Douglas Franklin Wright becomes the first person executed by lethal injection in Oregon.

2011 - Two death row prisoners’ sentences are vacated due to concerns regarding their mental competency.

2011-  Governor John Kitzhaber declares a moratorium on executions.

2013 - The Oregon Supreme Court rules that Governor Kitzhaber may continue his moratorium on executions during his term in office.

2015 - Governor Kate Brown announced that she ill uphold Governor Kitzhaber’s moratorium throughout her incumbency.

2019 - A bill passes the state senate stipulating that prosecutors may only pursue the death penalty for acts of terrorism in which at least two people are killed, the murder of a child younger than age 14, and murder committed in prison by a person already incarcerated for a previous murder conviction. The bill also eliminates speculation about a defendant’s future dangerousness from a jury’s capital sentencing deliberations.

2020 - Oregon closes its death row and integrates most of its death row prisoners into the general prison population.

2022 - Governor Kate Brown grants clemency to all 17 people on Oregon’s death row. Their sentences are commuted to life without the possibilityy of parole.

Milestones in Abolition/Reinstatement

Oregon abolished the death penalty in 1914 via popular vote. It was reinstated again in 1920, also by popular vote. In 1964, Oregon voters once again voted to repeal the death penalty. On Nov. 5, 1964, two days after Oregon voters abolished the death penalty for the second time, then-Gov. Mark O. Hatfield commuted the death sentences of the three inmates on death row, including the only woman ever to be sentenced to death in Oregon.

The death penalty was reinstated by popular vote in 1978.

In 1981, the Oregon Supreme Court declared the death penalty unconstitutional, but Oregon voters reinstated capital punishment in 1984.

On November 22, 2011, Governor John Kitzhaber declared a moratorium on executions, saying “I refuse to be a part of this compromised and inequitable system any longer; and I will not allow further executions while I am Governor.” Both of Oregon’s post-Furman executions happened during Kitzhaber’s first administration as governor. Both inmates dropped their appeals and “volunteered” for execution. Of those two executions, Kitzhaber said, “I was torn between my personal convictions about the morality of capital punishment and my oath to uphold the Oregon constitution. They were the most agonizing and difficult decisions I have made as Governor and I have revisited and questioned them over and over again during the past 14 years.”

Saying “[t]here needs to be a broader discussion about fixing the system,” Governor Kate Brown announced on February 18, 2015, that she would continue the state’s moratorium on executions. Brown said “[u]ntil that discussion, I will be upholding the moratorium imposed by Gov. Kitzhaber.”

On December 13, 2022, Governor Kate Brown announced that she would grant clemency to all 17 people on Oregon’s death row. Their sentences were commuted to life without parole.

Other Interesting Facts

Oregon executed two brothers (George and Charles Humphery) on the same day in 1913.

Resources

• Department of Corrections
• Oregonians for Alternatives to the Death Penalty
• Oregon History of the Death Penalty
• Oregon District Attorneys Association
• Oregon Capital Resource Center
• Office of Public Defense Services
• Crime Victim and Survivors Services

Oregon Execution Totals Since 1976