Life in prison doesn’t mean life in prison in Louisiana, even for murder. Given the current state of capital punishment in America, this translates into more heinous criminal activity and is something incoming governor Republican Atty. Gen. Jeff Landry and Legislature need to fix.
Just before Christmas, Democrat Gov. John Bel Edwards commuted the sentences of 40 murderers. This requires four of five votes from the Board of Pardons prior to that choice and has the practical effect of allowing out of prison people sentenced to life without the possibility of parole, in essence making a mockery out of the original sentence specifically but more generally eroding the deterrent effect of that punishment for first and second degree murder on the incidence of commission of homicide.
In recent years with Edwards at the helm and with the chance to appoint or reappoint members to the Board, who serve four-year terms concurrent with the governor, it has tilted more and more towards granting commutations and for murderers. Excepting 2020 when the Wuhan coronavirus pandemic limited activity, Board approval of commutations and gubernatorial approvals have increased steadily. Most notably, reviewing the more than 50 years sentenced category of commutations which is murderers, he commuted only 17 in his first term and none in 2018 the year before his attempted reelection, whereupon his commutations in this category skyrocketed to 28, 12, 49, and at least 40 this year once he had achieved reelection and became term limited.
Thus, a determined governor with a board acquiescing to his thinking can subvert the meaning of life without parole attached to murder convictions (if not capital punishment in the case of first degree). This makes matters worse because, with the many obstacles thrown in front of carrying out capital punishment over the past couple of decades in Louisiana, LWOP becomes the fallback position both to keep incorrigible individuals out of public and to deter those of a similar nature from homicidal activities in the future. Devalue LWOP, and crime increases.
Naturally, a governor like Landry who would impress upon his Board appointees his worldview on this matter that strengthens the deterrent impact of LWOP can reverse this unhealthy trend. Still, it would be better to prevent future governors, if any, of Edwards’ attitude from being able to short-circuit the intent of judges and juries.
However, removing the ability to commute for certain sentences not only would require a constitutional amendment but also would remove a necessary, if rarely needed, tool to implement just outcomes. For example, one murderer who just gained commutation has had questions swirling around the quality of his defense of his conviction – originally given a capital sentence – ever since he went into the dock.
Better would be to revalue capital punishment, which would encourage more of these sentences to be sought instead of LWOP, that would require a commitment for the state to restart executions because otherwise capital punishment becomes meaningless as a deterrence instrument. Landry has voiced support for restoring the deterrent value of it, which means changing the law to encompass methods of execution other than lethal injection (where politics has interfered with the ability of the state to obtain the chemicals necessary to perform it) – practically speaking, any of electrocution, firing squad, hanging, or lethal gas (including the newest variant to be tried within the month).
That the Legislature should do as soon as possible, and likely majorities exist to do it. Put this on the list of things to do to reverse the deterioration Louisiana has suffered over the past eight years.
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