CHICAGO -- As Illinois Gov.
George Ryan decides whether to commute the sentences of some death row
inmates, hundreds of the nation's law professors want him to know that he
would be justified in granting clemency to all of them.
The legal
scholars planned to deliver that opinion today in an open letter to Ryan
bearing more than 400 of their signatures, the latest act in a hard-fought
public relations battle over Illinois' death row inmates.
Ryan halted the state's
executions nearly three years ago after courts found that 13 death row
inmates had been wrongly convicted since the state resumed capital
punishment in 1977.
Now the governor is reviewing clemency requests
from more than 140 death row inmates and has said he will rule before he
leaves office Jan. 13. About 160 inmates are on death row.
In the
letter, the legal scholars take exception to some death penalty
supporters' view that Ryan should consider clemency only on a case-by-case
basis.
"We feel compelled to share with you our considered judgment
that, in our country, the power of executive clemency is not so limited,"
the letter said. "To the contrary, where circumstances warrant, executive
clemency should be and has in fact been used as a means to correct
systemic injustice."
The governor has described blanket commutation
of death sentences to life without parole as being "on the back burner,"
but he will consider the professors' letter, spokesman Dennis Culloton
said.
Cook County State's Atty. Richard Devine, one of those most
publicly opposed to a blanket clemency, said the professors have missed
the point.
"We have never disputed that the governor has unlimited
powers to grant clemency, but we believe that granting blanket clemency
would be an abuse of that power," said Devine's spokeswoman, Marcy
Jensen.
The professors' letter doesn't take a position on whether
the governor should commute all death row inmates' sentences.
New
York University law professor Anthony Amsterdam said the professors are
sending the letter to Ryan "to make him feel that he can consult his own
conscience and decide what he thinks is right."
Amsterdam, who
organized the letter-signing campaign, said the power of clemency is broad
enough "to allow the governor to use his own sense of justice and right in
issuing commutations."
New Mexico Gov. Toney Anaya commuted the
sentences of all death row inmates in 1986. Arkansas Gov. Winthrop
Rockefeller did it in 1970.


