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State And Federal Info

Oklahoma

History of the Death Penalty

Oklahoma had a question on the November 2016 ballot concerning “constitutionalizing” the state’s death penalty and removing the authority of the state courts to declare it to constitute cruel and unusual punishment or a violation of any provision of the state constitution. The measure passed, 66% - 34%. For more on the ballot question, see Ballotpedia, Oklahoma Death Penalty, State Question 776 (2016).

Notable Cases

In Thompson v. Oklahoma (1988), the U.S. Supreme Court ruled that executions of offenders age fifteen and younger at the time of their crimes are unconstitutional.

Notable Exonerations

Curtis McCarty was released in May 2007 after District Court Judge Twyla Mason Gray ordered that the charges against him be dismissed. McCarty had spent the last 22 years behind bars for the murder of a police officer’s daughter in 1982. Judge Gray ruled that the case against McCarty was tainted by the questionable testimony of former police chemist Joyce Gilchrist, who gave improper expert testimony about semen and hair evidence during McCarty’s trial. Gilchrist falsely testified that hairs and other biological evidence showed that McCarty could have been the killer. In Gilchrist’s original notes, she said that hairs from the crime scene did not match McCarty. She then changed her notes to say the hairs did match him. When the defense requested retesting, the hairs were lost. A judge has said Gilchrist either destroyed or willfully lost the hairs. DNA testing in recent years has also shown that another person raped the victim.

Clifford Henry Bowen was incarcerated in the Oklahoma State Penitentiary under three death sentences for over five years before the U.S. Court of Appeals for the Tenth Circuit overturned his conviction in 1986. The Court held that prosecutors in the case failed to disclose information about another suspect, Lee Crowe, and that had the defense known of the Crowe materials, the result of the trial would probably have been different. Crowe resembled Bowen, had greater motive, no alibi, and habitually carried the same gun and unusual ammunition as the murder weapon. Bowen, on the other hand, maintained his innocence, provided twelve alibi witnesses to confirm that he was 300 miles from the crime scene just one hour prior to the crime, and could not be linked by any physical evidence to the crime.

Eight other death row inmates have also been exonerated in Oklahoma.

Notable Commutations/Clemencies

Governor Lee Cruce commuted every death sentence imposed during his administration (1911-1915).

Phillip Dewitt Smith’s death sentence was commuted in 2001 by Gov. Francis A. Keating due to doubts about Smith’s guilt.

Governor Brad Henry commuted the death sentence of Osvaldo Torres to life without parole on May 13, 2004. Henry said that it was “important to remember that the actual shooter in these horrific murders was also sentenced to death and faces execution.” Henry also stated that he “concluded that there is a possibility a significant miscarriage of justice occurred… specifically that the violation of his Vienna Convention rights contributed to trial counsel’s ineffectiveness, that the jury did not hear significant evidence, and that the result of the trial is unreliable.” Henry’s decision followed a recommendation for clemency by the Pardon and Parole Board and a stay granted by the Oklahoma Court of Criminal Appeals. The International Court of Justice had ruled that the Vienna Convention rights of Torres and 50 other Mexican nationals on America’s death rows were violated. Under the Vienna Convention, foreign citizens arrested in the United States are entitled to contact their consulate for assistance.

Following the recommendation of the Oklahoma Pardon and Parole Board, Gov. Brad Henry granted clemency to Kevin Young in 2008, commuting his death sentence to life in prison without the possibility of parole. The Board’s recommendation of clemency was based on several factors, including the disproportionality of the punishment, questionable witnesses, and a decision during the original trial to turn down a plea bargain that would have resulted in a life sentence.

In 2010, Governor Brad Henry commuted the sentence of Richard Tandy Smith to life without the possibility of parole as recommended by the State Pardon and Parole Board. Life without parole was not available at the time of Smith’s sentencing. The governor believed life without parole would be the more appropriate sentence.

Other Interesting Facts

In the modern era (since 1976), Oklahoma has the highest number of executions per capita.

Oklahoma was the first state and the first jurisdiction in the world to adopt lethal injection as its method of execution in 1977. On December 16, 2010, Oklahoma became the first American state to use pentobarbital in the execution of John David Duty.

Old Maid's Head. Photo by NSBP.
Old Maid’s Head. Photo by NSBP.

Resources

  • Department of Corrections
  • Oklahoma Coalition to Abolish the Death Penalty
  • District Attorneys Council
  • Public defender’s office
  • Victims’ services

Oklahoma Execution Totals Since 1976

News & Developments


Innocence

Mar 02, 2021

As 6 Million Seek Clemency for Julius Jones, New Evidence that Another Man Confessed Points to His Innocence

As sup­port­ers of Oklahoma death-row pris­on­er Julius Jones sub­mit­ted more than six mil­lion sig­na­tures sup­port­ing his peti­tion for clemen­cy, new evi­dence emerged that anoth­er man had com­mit­ted the killing that sent…

As 6 Million Seek Clemency for Julius Jones, New Evidence that Another Man Confessed Points to His Innocence

Intellectual Disability

Jan 25, 2021

Capital Case Roundup — Death Penalty Court Decisions the Week of January 18, 2021

NEWS (1/​22/​21) — Texas: The Kaufman County District Attorney’s office has con­ced­ed that Texas death-row pris­on­er Charles Brownlow is intel­lec­tu­al­ly dis­abled and can­not be resen­tenced to death. The coun­ty pros­e­cu­tors’ deci­sion come…

Native Americans

Oct 12, 2020

Supreme Court Native Sovereignty Decision Continues to Reverberate Through Oklahoma’s Death Penalty

A recent U.S. Supreme Court deci­sion that affirmed the sov­er­eign­ty of the Muscogee (Creek) Nation over trib­al lands that span much of the east­ern half of Oklahoma con­tin­ues to rever­ber­ate through …

Supreme Court Native Sovereignty Decision Continues to Reverberate Through Oklahoma’s Death Penalty

United States Supreme Court

Oct 01, 2020

New Podcast: Native American Rights Fund Lawyer Joel Williams on Tribal Sovereignty and the U.S. Death Penalty

In the September 30, 2020 episode of the Discussions With DPIC pod­cast, Native American Rights Fund senior staff attor­ney Joel Williams joins Death Penalty Information Center exec­u­tive direc­tor Robert Du…

New Podcast: Native American Rights Fund Lawyer Joel Williams on Tribal Sovereignty and the U.S. Death Penalty

Innocence

Sep 30, 2020

NEW VOICES: Oklahoma Legislator Says Get the Death Penalty Right or Don’t Do It

A self-described tough-on-crime Oklahoma state rep­re­sen­ta­tive says has seri­ous doubts as to the reli­a­bil­i­ty of the Sooner State’s death penal­ty. ​“As tax­pay­ers and vot­ers,” Republican State Representative Kevin McDu…

NEW VOICES: Oklahoma Legislator Says Get the Death Penalty Right or Don’t Do It

Innocence

Sep 16, 2020

NFL Season Begins with Players Outspoken about Death Penalty, Racial Justice

As the 2020 National Football League (NFL) season’s open­ing week­end began on Sunday, September 13, end zones were paint­ed with the words ​“End Racism” and ​“It Takes All of Us.” Six NFL teams remained in lock­er rooms for the Nationa…

NFL Season Begins with Players Outspoken about Death Penalty, Racial Justice

Lethal Injection

Aug 06, 2020

Execution Lawsuits Settle in Arizona and California, as Prisoners Renew Lethal-Injection Protocol Challenge in Oklahoma

Long-run­ning exe­cu­tion law­suits have set­tled in Arizona and California, as a renewed chal­lenge to the state’s revised lethal-injec­tion pro­to­col has ramped up in Oklahoma. The Arizona set…

Execution Lawsuits Settle in Arizona and California, as Prisoners Renew Lethal-Injection Protocol Challenge in Oklahoma

Native Americans

Jul 09, 2020

Supreme Court Issues Sweeping Decision Affirming Tribal Sovereignty, Vacates Oklahoma Conviction and Death Sentence

The United States Supreme Court has vacat­ed the con­vic­tion of a Native American death-row pris­on­er in Oklahoma, giv­ing dra­mat­ic effect to a sweep­ing new deci­sion that affirmed the sov­er­eign­ty of the Muscogee (Creek) Nation…

Supreme Court Issues Sweeping Decision Affirming Tribal Sovereignty, Vacates Oklahoma Conviction and Death Sentence

Intellectual Disability

Jul 08, 2020

U.S. Supreme Court Declines to Review Three Cases on Scope of Protections Against Executing the Intellectually Disabled

The U.S. Supreme Court has declined to step in to resolve fes­ter­ing dis­putes about the scope of the pro­tec­tions its pri­or rul­ings afford to intel­lec­tu­al­ly dis­abled death-row pris­on­ers. On July 2, 2020, the Court denied peti­tions t…

U.S. Supreme Court Declines to Review Three Cases on Scope of Protections Against Executing the Intellectually Disabled

Innocence

Jun 19, 2020

As Support for Julius Jones Clemency Grows, Oklahoma Parole Board Turns to State Prosecutors on Scope of Commutation Power

As high-pro­file sup­port mounts in the cam­paign for clemen­cy for death-row pris­on­er Julius Jones (pic­tured), the Oklahoma Pardon and Parole Board has turned to the pros­e­cu­tors who are seek­ing his exe­cu­tion — the Ok…

As Support for Julius Jones Clemency Grows, Oklahoma Parole Board Turns to State Prosecutors on Scope of Commutation Power
View More

View Information by State

Additional Information


  • Death Penalty: Yes
  • Number of Executions Since 1976: 113
  • Number of Executions Before 1976 (may include federal and military executions): 132
  • Current Death Row Population: 45
  • Women on Death Row: 0
  • Number of Innocent People Freed From Death Row: 10
  • Number of Clemencies Granted: 4
  • Date of Reinstatement (following Furman v. Georgia): May 17, 1973
  • First Execution After Reinstatement: 1990
  • Location of Death Row (Men): Oklahoma State Penitentiary, McAlester
  • Location of Death Row (Women): McLoud
  • Location of Executions: Oklahoma State Penitentiary, McAlester
  • Capital: Oklahoma City
  • Region: South
  • Population: 3,751,351
  • Murder Rate (per 100,000 population): 6.2
  • Is Life Without Parole an Option?: Yes
  • Can a defendant get death for a felony in which s/he was not responsible for the murder?: Yes
  • Method of Execution: Injection; electrocution or firing squad if injection deemed unconstitutional
  • How is Sentence Determined?: Jury
  • Clemency Process: Governor has authority to grant clemency if the Board of Pardons and Paroles advises it
  • Governor: Kevin Stitt

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