Corrections_Today_November_December_2019

nEWS & vIEWS

Correctional Chaplain Perspectives

Chaplains in the execution chamber

By Ronald G. Turner, J.D., Ph.D.

T he scene is familiar. An in- by the warden, several correctional officers and a chaplain. Most cor- rections professionals have never witnessed this scene, but we chap- lains are very familiar with it. From books, movies and television we all know what is happening and why each person is there. The inmate is facing execution, the warden is over- seeing the process, the officers are maintaining security and the chaplain is giving spiritual support not only to the inmate, but to the staff as well. 1 Legal questions Many of us probably assume an inmate has a Constitutional right for a chaplain to be present at an execu- tion, but the situation may not be that simple, and many legal ques- tions often arise. For example, can the chaplain be present against the inmate’s wishes? Does the chaplain have a Constitutional right to be present? What if the chaplain is of a different faith? Can the inmate’s personal spiritual adviser be pres- ent instead of a staff chaplain? What if the inmate’s personal spiritual adviser is not ordained? Can the mate moves slowly toward the execution chamber escorted

inmate’s personal spiritual adviser be present if the deadline for mak- ing such a request has passed? What does “present” at the execution even

United States Supreme Court in the following two cases in early 2019. Dunn v. Ray 2 In 1995, Dominique Hakim Marcelle Ray robbed, raped and murdered a 15-year-old girl in Alabama; he had previously mur- dered two teenage brothers. He was convicted and sentenced to death. Between 2001 and 2017, Ray filed numerous appeals, and in 2006 he became a devout Muslim. The Ala- bama Department of Corrections did not have any Muslim chaplains, so Ray began regular contact visits with a personal spiritual adviser (Imam). On Nov. 6, 2018, Ray’s execution date was set for Feb. 7, 2019. On Jan. 23, 2019, Ray met with the war- den who explained that per prison policy, the staff chaplain, a Christian, would be inside the execution cham- ber, but Ray’s Imam would only be allowed in a separate room watching through a large window. The record is unclear as to whether Ray or his attorney were aware of this policy prior to January 23. Ray asked that his Imam be allowed inside the exe- cution chamber and that the Christian staff chaplain be excluded. Ray also asked for a copy of the execution

Many of us probably assume an inmate has a Constitutional right for a chaplain to be present at an execution, but the situation may not be that simple, and many legal questions often arise.

mean? Does it mean inside the execu- tion chamber or outside the chamber viewing through a glass window? The questions go on and on. Many of these questions were discussed by the

8 — November/December 2019 Corrections Today