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WHY KEEP THE DEATH PENALTY?
There is much talk now of reforming the
death penalty. But before we think of tinkering with our death penalty
statute in an effort to reform it, shouldnt we
first think about why we need a death penalty, what purpose this
law serves, and whether its continued enforcement makes sense?
This is particularly appropriate in light of the fact that we put
17 innocent men on death row since the resumption of the death penalty
in Illinois. Equally disturbing is the fact that we sentenced to
death another 150 men and women whose sentences were later reversed
because they were riddled with error. Isnt it time to at least
raise the issue of why we should keep --and continue to tinker with
our death penalty statutute?
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Do we need it to provide
ultimate punishment to the worst murderers? Only 1-2% of convicted
murderers in Illinois are sentenced to death. The other 98% are
sentenced to life terms or less. The murders committed by the 2%
on death row are no more heinous than those committed by the 98%
who did not get death.
In fact, if you were to try to predict which convicted murderers
are likely to get the death penalty, you would not look at who was
the worst criminal and which murder was the most heinous. You would
look at the county in which the murder was committed, the judge
sitting on the case, the quality of the defense lawyer, the race
and economic class of the defendant, the race of the victim, and
whether the defendant is suffering from a mental disturbance. These
factors are, of course, not supposed to be the bases for imposing
the death penalty.
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Do we need it for deterrence?
Virtually all studies agree that the death penalty is not a deterrent
to murder. Our neighboring states of Wisconsin, Michigan and Iowa
have no death penalty, and all have lower murder rates than Illinois.
In fact, no country that has the death penalty has experienced a
diminishment of the worst crimes. Others, like Canada, where it
has been abolished, have experienced a 20% reduction.
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Do we need it for the
safety of our citizens? Now that we can impose a sentence of
life without possibility of parole and we have built a half-filled
super-max prison, we know that we can be safe without sentencing
people to death, and that personnel in our prisons can be safe.
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Do we need it to save
money? On the contrary, all studies show that it costs between
three and five times as much to administer the death penalty as
it would to try and sentence someone to a life sentence (calculating
40 years as the average time a lifer will survive in
prison).
Illinois currently spends approximately $35 to $40 million dollars
each year to add about ten people to Death Row, above and beyond
what it would cost to sentence them to natural life in prison without
parole. We spend these millions so that we can execute a tiny fraction
of convicted murderers ten or fifteen years down the road, with
great fanfare and hand-wrenching, rather than simply force them
to live out a miserable existence in a maximum security prison,
until they die in relative obscurity.
Do we really want to waste additional millions by implementing costly
reforms to prop up the dubious institution of capital punishment?
Rather than throw good money after bad on the death penalty, wouldn't
it make a lot more sense to take the money we now spend on capital
cases and direct it to programs that might actually reduce the level
of violent crime in our society? Can't we better use that money
to hire more police officers, improve education, or provide better
prenatal care to at-risk infants?
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Do we need it to provide
closure to victims families? We surely know that the death
of a loved one can never bring closure. On the contrary, capital
punishment encourages family members to focus their existence on
seeing the state kill the killers, in the belief that the execution,
if and when it comes, will somehow make them feel better. To the
extent that punishment provides some solace to the family of the
victim, surely permanent incarceration that is not subject to several
years of appeals provides more finality to a family than does several
years of litigation not to speak of endless publicity --
that necessary attends capital cases.
Should the state assure aggrieved people the satisfaction of such
"closure" if the price is continuing a system that almost
certainly executes some innocent persons?
- Do we need the death penalty to enable
our legislators to retain the support of their constituents? Here
the picture has shifted completely. The latest polls show that when
presented with the alternative of permanent incarceration, at least
an equal number of (and in one poll, more) persons polled preferred
the alternative. And when presented with the cost differential, surely
even more would prefer the alternative.
Moreover, a recent St. Louis Post Dispatch poll found that 2/3 of
Illinois voters would either favor a candidate who had voted to abolish
the death penalty or would not care about a candidates position
on that issue.
The death penalty process is, and always will be,
prone to fatal mistakes. It's sometimes corrupt, often arbitrary and
racist, and always costly. It is not a deterrent, and we do not need
to keep our citizens safe.
That being the case, why do we want to retain a system that does not
deter crime, wastes resources and risks being applied to innocent persons?
What is our need for the death penalty that impels us to go against
the wave of revulsion felt by so many nations against executions, and
to join the axis of evil Iran, Iraq and North Korea
-- in clinging to this form of punishment? Why should we be killing
our own citizens when there are adequate alternatives to protect society,
punish the guilty, and prevent crimes of violence?
Illinois Coalition to Abolish The Death Penalty
Executive Director Jane Bohman
332 S. Michigan Ave., Ste. 500
Chicago, IL 60604
Phone: 312-673-3816
Fax: 312-427-6130
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