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Why the ACLU supports public viewing of executions

Anthony Apanovich is currently on death row. A representative of Ohio S.O.R.T. (Stop Offenders Rehabilitate and Treat) and representatives from the newspaper, Cleveland Challenger, plan to witness his execution. The ACLU of Ohio is representing them in this lawsuit against the ODRC.

The ACLU of Ohio believes that witnesses must be able to view the entire execution. Executions are public spectacles and are matters of public concern. They must be completely transparent to the public. It is important that citizens have access to the entire procedure through the media so that they can see the brutality of the death penalty.

The current execution process is unconstitutional. By keeping media witnesses from viewing the entire procedure, the ODRC is violating the First Amendment right to view government proceedings. Mr. Apanovich has the right to be executed publicly. In addition, it violates the Eighth Amendment by eliminating public oversight of a government activity. Finally, by carrying out executions in secret, the ODRC is violating the due process clause of the Fourteenth Amendment.

At issue: The Ohio Department of Rehabilitation and Corrections (ODRC) does not allow witnesses to view the entire process of an execution, and the ACLU of Ohio believes that this is unconstitutional.

Background: Ohio uses lethal injection as its sole method of execution. First, the staff inserts intravenous shunts into the inmate’s arms. After that, the inmate is escorted into the death chamber and strapped to the gurney. Then the inmate speaks his or her final words, and the execution team administers the lethal drugs.

Ohio allows for certain people to witness the execution. This includes:

  • The warden of the institution where the execution takes place
  • The sheriff of the county in which the inmate was tried and convicted
  • The director of ODRC or whoever he designates
  • Physicians
  • A clergyperson in attendance upon the inmate
  • Three people designated by the inmate (cannot be another inmate)
  • Three people designated by the immediate family of the victim
  • Representatives of the media

However, these witnesses cannot always view the entire procedure. Sometimes they have not been able to see the inmate put in restraints, or the administering of the drugs. Furthermore, in some executions, members of the staff have closed a curtain on parts of the procedure, which completely prohibits the witnesses from viewing what is going on.