Governor George Ryan commuted the death sentences for all of Illinois' death row inmates, after the state legislature failed to act on any of the recommendations contained in the report of the Illinois Commission on Capital Punishment. The commissioners had unanimously agreed that the machinery of death can never be perfected, but made over 80 suggestions that they thought would make implementation of the death penalty more just. The commission had been appointed after 13 innocent people were found on death row in that state, and the Governor decided to declare a moratorium on executions. The commission flatly states that no system can guarantee that innocent people will never be put to death. One of the specific recommendations of the commission is to restrict the death penalty to five catagories of homicide: murder of a peace officer or firefighter, murder at a correctional facility, murders of two or more people, murder by torture, and murder to impede a felony investigation or prosecution.
The United States Supreme Court narrowed the application of the death penalty in two rulings last session, one holding that states could not execute people who are mentally retarded, and another holding that a jury, not a judge, must decide the operative facts leading to any death sentence. The California legislature failed to pass a measure on the issues of mental retardation. Senator Burton has re-introduced the measure as SB 3 in the current session. Senator Morrow has introduced a competing measure, SB 51.
In California, dozens of death penalty cases are nearing the end of their appeals, including the case of Stanley "Tookie" Williams, twice nominated for a Nobel Peace Prize for his books from death row warning children against the gang life he led. Williams lost a federal appeal of his death sentence in September for four Southern California murders 23 years ago and could be executed as early as next year. The public seems to be waking up to the fact that capital punishment serves no useful purpose. Some nine local governments in California, including Santa Clara County have adopted resolutions in support of a death penalty moratorium. When Illinois first announced its moratorium on executions, Governor Gray Davis was quick to deny that such a step should be taken in California. Yet there is reason to believe there will never be enough experienced lawyers available to avoid situations where defendants receive less than sterling counsel, especially in a state as large and complex as California. The Ramparts police scandel in Los Angeles, as well as controversies over racial profiling demonstrate that criminal justice in this state is far too imperfect to support the death penalty.
California has more condemned inmates than any other state (607 as of December, 2001), most of them are poor, most are black or hispanic, and some could be scheduled for execution in a matter of months. There is no certainty that the crimes they committed are more heinous than those of prisoners serving life sentences, and several of the executions pose especially serious questions about the morality and wisdom of the death penalty:
The State Department of Corrections refused to permit Darrell Rich to engage in the Ritual Sweat Lodge Ceremony that Native American's use as a rite of reconciliation to cleanse themselves and prepare the Spirit in advance of death. Shamefully, Rich was executed without the ceremony called for by his faith.
The Governor refused to acknowledge the tragic dilemma faced by families of mentally ill veterans like Manny Babbit. Babbit's borther failed in his efforts to find adequate mental health services before an innocent person died, and then made the agonizing decision to bring his suspicions about Manny's responsibility for the crime to the police in hopes that help would finally be forthcoming. Clemency was denied, and Manny was executed.
Although many ex-prosecutors had doubts that Tommy Thompson had committed a rape and murder, the authorities allowed his execution to proceed.
The failure to notify Jay Sirapongs' embassy that he was a murder suspect probably had an adverse effect on his defense, but two governors were willing to overlook that fact in denying clemancy.
Political pressures seem to have eroded the very nature of the clemency process. And the calm and dignity of the condemned men as they have met their fate should only add to our unease surrounding capital punishment.
In the face of these questions, there have been disappointing efforts to expand the death penalty. But there are occasional moves to acknowledge its financial and social costs. At the federal level, there are efforts to enact an Innocence Protection Act (S 486/HR 912) and the National Death Penalty Moratorium Act (S 233/HR 1038). The Freinds Comnmittee on National Legislation has in-depth information about these measures, and about the death penalty from a national perspective. See, FCNL Perspectives #3, the Death Penalty Information Packet.
Prior to the events of September 11, momemtum seemed to be with the abolitionists. The Federal executions of Timothy McVeigh and Juan Raul Garza in June of 2001 had resulted in international condemnation of the American stance on humanitarian issues, as Chilie joined the list of nations that have abolished capital punishment. Justice O'Conner, in a speech to Minnesota women lawyers, recited the problems that death penalty supporters face in trying to fashion a fair way to implement it.
For current bills on the death penalty, see the FCL bill status summary.
Questions/Declaration of Life. A one-page summary of Questions About the Death Penalty, and a Declaration of Life, suitable for use with groups and congregations has been distributed as a Newsletter insert (April '99).
Other recommended resources on the death penalty: (Please note that the below web pages are maintained by others, and while we urge you to become familiar with them, we do not necessairly endorse all of their views, nor can we insure the accuracy of the content.)
