Why Commutation?

What is commutation?

Commutation is a power of the governor which allows him to reduce a sentence. It is highly unlikely that Governor Ryan will use this power to set free anyone on death row; more likely, he would commute a death sentence to the sentence of life without parole.

Why should Governor Ryan commute the sentences of those on death row?

The Governor's Commission on Capital Punishment, after a two-year study of the death penalty in Illinois, has found that the system is badly flawed and that everyone currently on death row has been convicted and sentenced under a deeply flawed and unreliable system. The Commission has recommended the implementation of 85 reforms for Illinois’ broken death penalty system to be made fair and accurate. But even if some of the proposed reforms are enacted into law, they will not apply to the current death row inmates.

Why should the Governor commute all rather than only some death sentences?

Everyone currently on death row in Illinois was tried and sentenced under a flawed system. Many had lawyers who were not qualified to try capital cases. Some were convicted by unreliable evidence, including "jailhouse snitch" testimony and physical evidence whose accuracy is now being questioned. There is no principled way to distinguish between the cases.

Is there not a danger that some inmates who really deserve harsh punishment are going to benefit unfairly?

Many consider "Life Without Parole (LWOP)" to be as harsh or harsher as the death penalty. And nobody sentenced to LWOP in the 20 years that it has been in existence has had that sentenced reduced.

Won’t commutation subvert the existing justice system?

Commutation to life without the possibility of parole will not change the jury’s finding of guilt in any of the cases. It will only change the penalty. In fact, commutation will help restore confidence in the broken criminal justice system because it will remove the terrible possibility that the state will execute an innocent person.

Is the call for commutation really a backdoor call to abolish the death penalty?

No. One can support the death penalty and also favor commutation when the imposition of the death penalty is so flawed that in order to achieve justice, it is necessary to wipe the slate clean and start over. The legislature must determine the future of the death penalty in Illinois. This is a simple call for justice for those sentenced to death under Illinois’ broken system.

Illinois Coalition to Abolish the Death Penalty – 180 N. Michigan Ave., Suite 2300 – Chicago, IL 60601

Phone: (312) 849-2279 | Fax: (312) 201-9760 | Online: www.icadp.org

© Illinois Coalition to Abolish the Death Penalty 2002

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