Working to end capital punishment in Pennsylvania Blog “A civilized society, effective law enforcement and the honor of our Commonwealth require no less.”

“A civilized society, effective law enforcement and the honor of our Commonwealth require no less.”

Statement of Timothy K. Lewis                                            February 13, 2015

“I am a former assistant district attorney, assistant United States attorney, United States district court judge and United States circuit court judge.  I was appointed a federal prosecutor by a Republican attorney general, and I was appointed to the federal bench twice by a Republican president.  Since I left the bench, I have been Counsel at Schnader Harrison Segal & Lewis, where I have remained active in ensuring the fair and effective enforcement of state and federal law and policy.

In December 2014, I was contacted by then Governor-elect Wolf’s transition team and asked to prepare an objective legal analysis of a Pennsylvania governor’s constitutional authority to impose a moratorium on the death penalty pending a thorough review of its administration.  In January 2015, I submitted my analysis to the Governor-elect.

I concluded that Pennsylvania law requires the governor to issue execution warrants; that the Pennsylvania Constitution, Article IV, Section 9(a), gives the governor exclusive authority and wide discretion to grant reprieves; that this reprieve power is the only constitutional basis for instituting a moratorium; that the governor could not grant either standing or future reprieves; and that, accordingly, a Pennsylvania governor may implement a moratorium only by first issuing execution warrants and then granting reprieves.

In summary, I concluded that if a governor believed it would be in the interests of the Commonwealth to issue a moratorium by granting reprieves for the purpose of studying the fairness and effectiveness of the administration of the death penalty, this would be a proper exercise of his or her authority under the Pennsylvania Constitution.

This was my objective legal analysis.  It was not informed in any way by my own views.  But as a personal matter, I fully support Governor Wolf’s announcement today.

I do so as a former prosecutor who believes in the most severe punishment for the most heinous offenses.  I do so as a former judge who presided over an execution and saw first-hand the many serious problems – institutional, economic, and human – with the enforcement of the death penalty.  And I do so as a Pennsylvania citizen acutely aware that our resources should no longer be wasted on a system so broken.

At a minimum, we must take a step back to examine the effectiveness of a system fraught with racial disparity, constant reversals, and the infinite warehousing of prisoners who await a punishment that hasn’t been imposed in our State in 15 years – some of whom we know, based on exonerations here and elsewhere, may well be innocent.

A civilized society, effective law enforcement and the honor of our Commonwealth require no less.”

 

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