Chicago Tribune: Quinn's courageous decision

The following is Chicago Tribune's editorial in response to Gov. Quinn's decision to sign the bill abolishing the death penalty in Illinois.

Gov. Pat Quinn made history as quietly as possible Wednesday. In a private meeting with a small group of supporters, he signed into law a bill that abolished the death penalty in Illinois. He also commuted the sentences of the state's 15 death row inmates to life in prison without parole.

It was "the most difficult decision I have made as governor," Quinn told reporters. We believe that, and we warmly commend him for that decision.We understand why Quinn chose to avoid the fanfare that often accompanies the signing of major legislation. But this is a big moment, worthy of significant, if sober, celebration. Recognizing the intractable flaws of a system that sent at least 20 innocent men to death row, Illinois has taken a difficult but courageous step. No government can sanction an instrument of justice that takes such risks with the lives of innocent people.

Many people, some of them the surviving relatives of murder victims, are profoundly disappointed. Law enforcement officials have lost a powerful weapon that was wielded, far more often than not, in good faith. But this was the right call.

The political fallout will be considerable. A majority of Illinois voters still support capital punishment, though the numbers are declining. Last October, a Paul Simon Institute poll found that 56 percent of Illinois voters thought the state's 10-year-old moratorium on executions should be lifted. That was despite the well-documented failures of the system, and despite the fact that the reforms recommended by a pair of blue-ribbon commissions had been stalled in the legislature for years.

Quinn's critics will point to the 15 murderers he has let off death row.

One of those inmates is Brian Dugan, who confessed to killing 10-year-old Jeanine Nicarico of Naperville in 1983. We've talked to more than one person who said they supported banning the death penalty but wouldn't mind if Dugan was executed first. That sums up the mixed feelings many people shared as Quinn mulled his decision.

This would be a good time to remind ourselves that two innocent men -- Rolando Cruz and Alejandro Hernandez -- spent years on death row after being wrongly convicted of Nicarico's murder. That's a powerful rebuttal to prosecutors' argument that banning the death penalty robs them of the only appropriate punishment for the worst crimes. Justice isn't served if the wrong person pays, especially with his or her life.

It's also a good time to remind ourselves that, through all the twists and turns in that case, Brian Dugan remains alive 28 years after that terrible murder. If Quinn had vetoed this repeal, Dugan would still live many more years before he met the executioner--if he ever did. The death penalty has hardly been swift and sure punishment.

Some lawmakers already are working on legislation to reinstate the death penalty. One bill would make the death penalty applicable under limited circumstances -- if the victim was a child or a police officer, for example, or if there were multiple victims.

Another would set up a panel to decide whether the death penalty could be pursued in any given case. That's meant to address the 2002 finding of the Governor's Commission on Capital Punishment that the death penalty is most often pursued when the defendant is poor or a minority or when the victim is white.

Those measures would not come close to addressing the shortcomings that led to Wednesday's historic change.

Illinois will no longer risk executing an innocent person. Illinois is better off without the death penalty. 

 

Statement from Governor Pat Quinn on Abolishing the Death Penalty in Illinois

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FOR IMMEDIATE RELEASE
March 9, 2011


STATEMENT FROM GOVERNOR PAT QUINN



Today I have signed Senate Bill 3539, which abolishes the death penalty in Illinois.

For me, this was a difficult decision, quite literally the choice between life and death. This was not a decision to be made lightly, or a decision that I came to without deep personal reflection.

Since the General Assembly passed this bill, I have met or heard from a wide variety of people on both sides of the issue. I have talked with prosecutors, judges, elected officials, religious leaders from around the world, families of murder victims, people on death row who were exonerated and ordinary citizens who have taken the time to share their thoughts with me. Their experiences, words and opinions have made a tremendous impact on my thinking, and I thank everyone who reached out on this matter.

After their guidance, as well as much thought and reflection, I have concluded that our system of imposing the death penalty is inherently flawed. The evidence presented to me by former prosecutors and judges with decades of experience in the criminal justice system has convinced me that it is impossible to devise a system that is consistent, that is free of discrimination on the basis of race, geography or economic circumstance, and that always gets it right.

As a state, we cannot tolerate the executions of innocent people because such actions strike at the very legitimacy of a government. Since 1977, Illinois has seen 20 people exonerated from death row. Seven of those were exonerated since the moratorium was imposed in 2000. That is a record that should trouble us all. To say that this is unacceptable does not even begin to express the profound regret and shame we, as a society, must bear for these failures of justice.

Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it. With our broken system, we cannot ensure justice is achieved in every case. For the same reason, I have also decided to commute the sentences of those currently on death row to natural life imprisonment, without the possibility of parole or release.

I have found no credible evidence that the death penalty has a deterrent effect on the crime of murder and that the enormous sums expended by the state in maintaining a death penalty system would be better spent on preventing crime and assisting victims’ families in overcoming their pain and grief.

To those who say that we must maintain a death penalty for the sake of the victims’ families, I say that it is impossible not to feel the pain of loss that all these families share or to understand the desire for retribution that many may hold. But, as I heard from family members who lost loved ones to murder, maintaining a flawed death penalty system will not bring back their loved ones, will not help them to heal and will not bring closure to their pain. Nothing can do that. We must instead devote our resources toward the prevention of crime and the needs of victims’ families, rather than spending more money to preserve a flawed system.

The late Cardinal Joseph Bernadin observed, “[i]n a complex, sophisticated democracy like ours, means other than the death penalty are available and can be used to protect society.” In our current criminal justice system, we can impose extremely harsh punishments when warranted. Judges can impose sentences of life imprisonment without the possibility of parole. Where necessary and appropriate, the state can incarcerate convicted criminals in maximum security prisons. These means should be sufficient to satisfy our need for retribution, justice and protection.

As Governor, I took an oath to uphold our state’s Constitution and faithfully execute our laws. Honoring that oath often requires making difficult decisions, but I have found none to be as difficult as the one I made today. I recognize that some may strongly disagree with this decision, but I firmly believe that we are taking an important step forward in our history as Illinois joins the 15 other states and many nations of the world that have abolished the death penalty.

Ten years of a Death Penalty Moratorium in Illinois - Governor Has No Plans to Lift it

News from Illinois:

Gov. Pat Quinn would maintain Illinois’ 10-year moratorium on the death penalty while his Republican opponent, state Sen. Bill Brady, would lift it, the two candidates’ campaigns said this week.

Their comments come at the same time as the Illinois Coalition to Abolish the Death Penalty released the results of a poll it commissioned showing that a majority of Illinois registered voters prefer some penalty other than death for the crime of murder.

The poll also found that fewer than 40 percent of registered voters even know Illinois has a death penalty.

“We really view the results as verifying what we already knew,” said Jeremy Schroeder, executive director of the coalition. “People assume there is a slight preference (for capital punishment). That’s not reality.”

Quinn’s campaign said the governor has no “immediate plans” to lift the moratorium on executions that was put in place by then-Gov. George Ryan in 2000. Both ex-Gov. Rod Blagojevich and Quinn have maintained it.

“Although he supports capital punishment when applied carefully and fairly, he is deeply concerned by the possibility of an innocent man or woman being executed,” campaign spokeswoman Mica Matsoff said in a statement. “He believes the current moratorium gives the state an opportunity to reflect on the issue and create safeguards to make sure that the death penalty is not being imposed improperly in Illinois.”