Ourview
Death
penalty review fair
Days before former Illinois Gov. George
Ryan’s term in office expired in January,
the governor used his power to commute the
death sentences of the state’s 167 death
row inmates. This move was in response to
13 prisoners having been exonerated since
1977, including DNA evidence that proved
five death row inmates to be innocent. Ryan
did not run for re-election and has embarked
on a nationwide speaking tour about how
other states can reform their death penalty
systems.
California is now in a position to either
follow Ryan’s suggestion and consider a
temporary halt to executions while our system
is reviewed or completely ignore his appeals
and continue with executing prisoners.
Ryan does not ask that the death penalty
be abolished, or that California free all
of its death row inmates. He points out
that there would be no harm should California
declare a moratorium, or hold on all executions,
until a thorough study of our death penalty
system is completed.
The death penalty issue sparks heated feelings
and debates. Justice takes on different
meaning depending on which side of the issue
people stand on. But no one argues that
innocent people should be executed — something
we like to believe only occurs in movies.
California Gov. Grey Davis is a staunch
supporter of the death penalty. He is proposing
that California divert $220 million to build
a new Death Row at San Quentin State Prison,
despite our $34 billion budget deficit.
The Los Angeles Times reported that Davis
“has said repeatedly that California has
a fair system that is not burdened by the
problems that beset Illinois.”
Illinois had problems like an unfair disparity
between white and minority death row inmates,
problems with poorer citizens defending
themselves and problems with incompetent
council, such as lawyers falling asleep
during court hearings.
But California legislators deny that we
have any problems.
“The California system is fair, just and
accurate,” the death penalty coordinator
for the attorney general’s office, Dana
Gillette told the San Francisco Gate. “The
people on Death Row are there because they
committed serious, heinous murders.”
They are there because they were convicted
of serious, heinous murders. Ryan asks only
that we hold their executions, not free
them, and review the way our system works
to ensure that the people being put to death
are the people who actually committed the
crimes.
Advocates of Ryan’s proposal point out that
different counties in California utilize
the death penalty differently. “San Francisco
District Attorney Terrance Hallinan refuses
to consider the death penalty, while 42
members of California’s Death Row are from
neighboring Alameda County,” the SF Gate
reported.
There are some differences between California
and Illinois. California has safeguards
against allowing all-white juries to determine
the fate of minorities, limits testimony
of informants who have something to gain
from testifying and has far more rules regarding
the admissibility of confessions.
These safeguards are encouraging, but California
has only complied with about six percent
of the 85 recommendations made by a committee
Ryan had appointed to examine the death
penalty in Illinois. Also, the U.S. 9th
Circuit Court of Appeals found serious constitutional
problems in 74 percent of the cases that
it fully reviewed from California.
How can anyone criticize a plan to improve
justice? California has the largest death
row in the nation. Gov. Davis should consider
the fact that human institutions are inherently
flawed and pausing the executions of death
row inmates will not affect anything except
possibly his votes and maybe save the life
of an innocent person.
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