
Illinois
governor takes aim at death penalty
George Ryan's
late-term decision to grant 167 prisoners clemency was justified
By Jenelle Wilson
January 15, 2003
On Saturday, then-governor of Illinois, George H.
Ryan, announced his decision to grant clemency to all 167 inmates on
the Illinois death row. Ryan's decision to commute the sentences
came three years after he declared a moratorium on executions in
response to 13 men being exonerated with DNA evidence. CNN reported
that Ryan called the Illinois system "arbitrary and capricious --
and therefore immoral." Ryan ensured that men convicted by a broken
and grossly unfair capital system would not be executed by it.
He did the right thing, and he should be commended
for it.
Ryan was an avid supporter of capital punishment
when he took office in 1999, but his faith in the system was
immediately shaken by the case of Anthony Porter. Porter was
sentenced to death in 1983 for the murder of two teenagers. In 1998,
Porter was two days away from being executed when it was discovered
that he had an IQ of 51, according to CNN. The reprieve granted
enough time for Northwestern University journalism students to
uncover evidence of his innocence. He was released in early 1999.
The man actually responsible for the murders was sentenced in
September of 1999 to only 37.5 years in prison, according to the
Illinois Death Penalty Education Project.
A system that relies on college students to save
innocent men from being murdered by the state can only be described
as abhorrent and immoral.
After Ryan issued the moratorium on executions in
early 2000, a commission to study the death penalty in Illinois was
formed, according The Associated Press. CNN reported in April of
2002 that the commission recommended 85 changes to the system,
including mandatory taping of confessions, uniform standards across
the state and decreased reliance on jailhouse snitches. According to
Ryan's speech this past weekend, the Illinois legislature had three
chances to reform the system; it failed to implement even the
smallest of changes.
The commission study illustrated disturbing facts
about the Illinois capital punishment system. According to Ryan's
speech, nearly half of Illinois' capital cases have been reversed by
a new trial or new sentence; 33 men were represented at trial by an
attorney who has been disbarred or suspended from practicing; law
and 46 were convicted on the testimony of jailhouse snitches. More
than two-thirds of the death row inmates are African-American -- 35
of who were convicted by all-white juries.
The study also found a person who commits capital
murder in rural Illinois is five times more likely to have received
a death sentence than if the murder had taken place in Chicago. The
killer of a white victim is 3 1/2 times more likely to receive a
death sentence than if the victim was black.
These geographical and racial disparities are
unacceptable. If capital punishment is to be used, it must be
uniform throughout the entire system.
To say that Illinois is the only state with these
problems is simply wishful thinking. According to the Death Penalty
Information Center, nationally, 50 percent of victims are white, but
81 percent of completed capital cases involve white victims. A
recent study found that the death penalty is rarely used if the
victim is Hispanic. North Carolina, Virginia, Indiana and New Jersey
studies have all found race to be a major determining factor in
whether one receives the death penalty.
Texas has its own problems. A 2000 Texas Defender
Service report found 84 capital cases in which a prosecutor or
police officer deliberately presented false or misleading evidence.
Like Illinois and other states, the race of the victim greatly
influences punishment; while white women comprised 0.8 percent of
murder victims since the reinstatement of the death penalty, 32.4
percent of those executed were for the murder of a white woman. The
study found men convicted and sentenced to death despite their
lawyers being clearly incompetent; one ingested cocaine before trial
and consumed alcohol during court breaks; others fell asleep during
trial. The report also found the case review process in Texas to be
fraught with error.
Other governors must follow Ryan's lead. Not only
should they declare moratoriums on executions, they should consider
commuting the sentences to life in prison without possibility of
parole to prevent the execution of innocent people and to ensure
that no inmates lose their lives to a broken, unfair and inadequate
system. There is no doubt this will be painful for victims'
families; however, if states are going to go as far as taking away a
life, the process has to be fair. In the meantime, states should put
the enormous resources usually spent on executions to better uses.
As Gov. Ryan suggested, states should "provide something for
victims' families other than the hope of revenge."
