CAPITAL PUNISHMENT -- THE DEATH PENALTY:
Developments: Year 2003

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 | 2003-JAN-11: IL: Governor commutes death penalties: Three
years ago, Governor George Ryan (R-IL) placed a moratorium on executions
in his state because of the large percentage of death-row inmates who
have been proven innocent by DNA evidence. Thirteen Illinois death row
inmates were found to have been wrongly convicted since capital
punishment resumed in 1977. During that period, 12 other inmates were
executed. This probably included at least one innocent person. On
JAN-11, two days before he left office, he announced that all 157 death
row inmates in the state, and 11 others awaiting transfer to death row,
had their sentences commuted to life imprisonment. All but three will
remain in prison until they die with no possibility of parole, unless
they can be proven innocent. Ryan also also issued pardons for four men
that he said had been tortured by police into making false confessions.
Ryan described problems with trials, sentencing, the appeals process and
the state's 'spectacular failure' to reform the system. He noted
that the chances of a convicted murder who was tried in a rural area of
his state being given the death penalty was five times greater than if
he had been tried in an urban area. He said: "Because the Illinois
death penalty system is arbitrary and capricious -- and therefore
immoral -- I no longer shall tinker with the machinery of death." In
a letter to victims' families, he wrote "I am not prepared to take
the risk that we may execute an innocent person." Reaction was swift
and mixed:
 | Cathy Drobney, whose daughter Bridget was killed in 1985, said: "Every
one of the victims, he has killed them all over again." |
 |
Lawrence C. Marshall, director of the Center
on Wrongful Convictions at Northwestern University said: "Governor
Ryan has taught us what leading truly looks like. This is greatness,
my friends." |
 |
Peoria County State's Attorney Kevin Lyons said:
"The great, great majority of these people that have petitioned for
commutation...did not even contest their guilt. He's disingenuous when
he says that certainty is the issue." |
 |
Madison Hobley, one of the four men released,
said "It's a dream come true, finally. Thank God that this day has
finally come." |
 |
Vern Fueling, whose son William was shot and
killed in 1985, said: "My son is in the ground for 17 years and
justice is not done. This is like a mockery." |
 |
Jo Ann Patterson, mother of Aaron Patterson --
one of the released inmates -- was overwhelmed when she was told. "I
don't believe in miracles but this is a miracle." |
 |
Ollie Dodds, whose daughter, Johnnie Dodds, died
in an arson fire was saddened by the governor's decision. "I don't
know how he could do it. It's a hurting thing to hear him say
something like that," she said, adding that she still believes Hobley
is responsible. He doesn't deserve to be out there."
1 |
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2003-JAN-13: Kenya: government plans to
abolish the death penalty: The newly-elected government of Kenya
plans to abolish the death penalty in the country by the middle of the
year. Justice Minister Kiraitu Murungi said: "We think the fundamental
human right to live should be respected, and no human being should
have the authority to take the life of another," There are over 1,000
prisoners on death row in Kenya. Nobody has been executed in the
country since 1984. 2 |
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2003-FEB-10: AR: State can make inmate sane
enough to execute: By a close ruling of 6 to 5, the United
States Court of Appeals for the Eighth Circuit ruled that prison
officials can force an inmate on death row to take antipsychotic
medication, in order to make him sane enough to execute. If he were
allowed to avoid taking the drugs, then he would remain too ill to
suffer the death penalty. The U.S. Supreme Court ruled in 1986
that the execution of the insane was barred by the Eighth Amendment,
which prohibits cruel and unusual punishment. Judge Roger L. Wollman
of the Court of Appeals wrote, in part: "[Charles] Singleton
presents the court with a choice between involuntary medication
followed by an execution and no medication followed by psychosis and
imprisonment." He noted that "Eligibility for execution is the
only unwanted consequence of the medication." and that the courts
did not have to consider the ultimate result of giving the prisoner
medication. Judge Gerald W. Heaney issued a dissenting opinion saying:
"I believe that to execute a man who is severely deranged without
treatment, and arguably incompetent when treated, is the pinnacle of
what Justice Marshall called 'the barbarity of exacting mindless
vengeance.' " 3 |

- "Illinois Governor's Blanket Pardon Spares Lives of 167 Condemned
Inmates," Associated Press, 2003-JAN-11, at:
http://www.foxnews.com/story/
- "New government eyes abolition of death penalty," The Toronto
Star, Toronto ON, 2003-JAN-14.
- Adam Liptak, "State Can Make Inmate Sane Enough to Execute, Court
Rules," New York Times, 2003-FEB-11, at:
http://www.nytimes.com/

Copyright © 2003 by Ontario Consultants on
Religious Tolerance
Last updated 2003-FEB-14
Author: B.A. Robinson


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