 |
 |
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
|
|
Statement from the American Bar Association President
2/14/2000
Gov. George Ryan of Illinois recently marked a clear path to improved justice throughout the nation. By executive action, he effectively made Illinois the first of the 38 states with capital punishment to halt all executions while it reviews its death penalty procedures. In the face of a number of examples of how its system has failed, Illinois acknowledged the intolerably high risk of error and is seeking answers. Ryan's leadership should be followed by conscientious public officials in other jurisdictions. Ryan decided to block the executions by granting stays before any scheduled lethal injections are administered, a move that would keep condemned prisoners under the death sentence but would indefinitely postpone their execution.The American Bar Association could not be more supportive of this courageous action. In 1997, the ABA called for a halt to executions until jurisdictions that impose the death penalty adopt policies to ensure fundamental fairness and due process. Our goal is clear, and it is apparent from his statements that the governor has similar concerns: We must minimize the risk that innocent people are put to death. These concerns are mounting, and moves toward moratoriums on the death penalty are growing. Ryan became convinced that the death penalty system was "broken" in Illinois. Capital punishment was reinstated 23 years ago and, since that time, 13 death row inmates in Illinois have been cleared of murder charges, while 12 were put to death. When the resource centers that provided free legal guidance lost federal funding, the state of Illinois picked up some of the slack. Pro bono work by Illinois law firms, coupled with the willingness of the Illinois Supreme Court to review cases, also played a major role. Finally, Illinois death penalty inmates benefited from the work of journalism and law schools intervening from outside the system when it failed. It is only because Illinois was more open to review than most other states that it allowed parties outside the capital punishment system to expose its flaws. The same flaws may remain largely undiscovered in other systems that are designed to expedite punishment. These systems may yet prove to be at least as rife with prosecutorial misconduct, police corruption, poor science and inadequate judicial review. Although none of the other 37 states has yet declared a moratorium, Nebraska came close last year. The Nebraska Legislature passed a moratorium on executions, but it was vetoed by Gov. Mike Johanns. The legislature, however, prevailed in requiring a review of the state's capital punishment system. The ABA's 147-page report calling for a moratorium on capital punishment, released this month, recommended: 1. Establishing guidelines for the appointment and performance of counsel in death penalty cases; 2. Preserving, enhancing and streamlining state and federal courts' authority and responsibility to exercise independent judgment on the merits of constitutional claims in state post-conviction and federal habeas corpus proceedings; 3. Striving to eliminate discrimination in capital sentencing on the basis of race of either the victim or the defendant; 4. Preventing the execution of people under age 18 at the time of their offenses and the execution of mentally retarded individuals. The apparent need to resolve these concerns should continue to spur more reviews of death penalty systems, with concurrent moratoriums. The ABA is not opposed to the death penalty per se, but both opponents and proponents of the death penalty are in agreement that we do not want to make a fatal mistake. William G. Paul is president of the American Bar Association. ---------------------------------------The growing concern that innocent people are sitting on death rows in the nation's prisons is prompting a rethinking in Illinois, Congress, the White House and other places of whether the ultimate penalty is administered fairly. Gov. Ryan's decision to suspend executions in Illinois after 13 condemned men were exonerated has reinvigorated and drawn attention to a long-simmering debate over mistaken executions. "This is not a question of whether we should or should not have the death penalty," said Sen. Patrick Leahy (D-Vt.), who Friday proposed legislation designed to prevent wrongful executions. The Innocence Protection Act is designed to write into law opportunities for convicted capital offenders to prove their innocence, whether through access to DNA testing or ensuring competent lawyers. The measure would prohibit states from denying an inmate's request for DNA tests that could prove innocence. That Leahy, a liberal anti-death penalty Democrat from Vermont, and Ryan, a conservative Illinois Republican who backs the death penalty, have common ground on this issue demonstrates that the concern is not ideologically based. The problem has been most acute in Illinois, in part because only 2 states--Illinois and New York--give offenders the right and access to DNA testing. Ryan appointed a commission to study the administration of the penalty in Illinois. The White House is considering a death penalty moratorium in the wake of Ryan's move, and on Thursday, the Justice Department revealed that it was studying whether racial bias or other inequalities exist in imposing the death penalty. Also on Thursday, the Philadelphia City Council passed a resolution asking the Pennsylvania Legislature to follow Ryan's lead. On Thursday, another example of a potentially flawed prosecution surfaced when Cook County prosecutors asked that one of 6 murder convictions against serial killer Hubert Geralds be set aside because another man was to blame. Sen. Dick Durbin (D-Ill.) has called for Senate hearings on the administration of the death penalty, and Senate Judiciary Chairman Orrin Hatch (R-Utah) has agreed. Durbin also has introduced a DNA bill that would allow federal prisoners access to DNA testing. Sen. Peter Fitzgerald (R-Ill.) is considering the Leahy measure. A 7-year moratorium on all executions--to let inmates have a chance to produce exculpatory evidence--is the centerpiece of legislation co-sponsored by Rep. Jesse Jackson Jr. (D-Ill.) and Rep. Jan Schakowsky (D-Ill.).
|
|
||
|
The
Moratorium Campaign
P.O. Box 13727 New Orleans, LA 70185-3727 Tel: (504) 864 - 1071 Fax: (504) 864 - 1654 info@moratoriumcampaign.org Copyright 2001 The Moratorium Campaign privacy statement |