{"id":1163,"date":"2011-03-10T22:59:26","date_gmt":"2011-03-11T04:59:26","guid":{"rendered":"http:\/\/blog.myphillylawyer.com\/?p=1163"},"modified":"2025-06-03T17:33:54","modified_gmt":"2025-06-03T22:33:54","slug":"justice-upheld-illinois-repeals-its-archaic-death-penalty","status":"publish","type":"post","link":"https:\/\/www.myphillylawyer.com\/yue\/2011\/03\/10\/justice-upheld-illinois-repeals-its-archaic-death-penalty\/","title":{"rendered":"Justice upheld: Illinois repeals it&#8217;s archaic death penalty"},"content":{"rendered":"<p>The availability of the death penalty as a sentence for heinous crimes in the United   States raises searing emotions on both sides, but one thing is for certain: it is irreversible.<\/p>\n<p>That&#8217;s why the repeal this week of the death penalty in Illinois was the right thing to do.<\/p>\n<p>Why?<\/p>\n<p>Because, as Gov.\u00a0 Pat Quinn of Illinois said so eloquently when he signed the bill, &#8220;We cannot have a death penalty in our state that kills innocent people.\u00a0 If the system cannot be guaranteed 100 percent error free, then we cannot have the system.\u00a0 It cannot stand.\u00a0 It just is not right.&#8221;<\/p>\n<div id=\"attachment_1166\" style=\"width: 310px\" class=\"wp-caption alignleft\"><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-1166\" class=\"size-medium wp-image-1166\" title=\"Justice sign on a courthouse.\" src=\"http:\/\/blog.myphillylawyer.com\/wp-content\/uploads\/2011\/03\/3-10-11-death-penalty-reused-Bain-justice-sign-justice-word-on-courthouse-iStock_000007897283XSmall-300x198.jpg\" alt=\"Justice sign on a courthouse.\" width=\"300\" height=\"198\" \/><p id=\"caption-attachment-1166\" class=\"wp-caption-text\">Justice sign on a courthouse. Image credit: \u00a9 iStockphoto.com\/hatman12<\/p><\/div>\n<p>That&#8217;s the problem with the death penalty in 34 states in this country.\u00a0 Once someone is put to death, they can&#8217;t be brought back if and when new evidence comes to light.<\/p>\n<p>Quinn&#8217;s comments, which were published in the <em>Chicago Sun-Times<\/em>, laid bare a simple truth in the complex system of crime and punishment that we have established \u2013 punishing the guilty is a must, but putting innocent people to death for crimes they ultimately did not commit is simply not acceptable in a just society.<\/p>\n<p>Quinn didn&#8217;t reach his decision lightly. He certainly heard heart-wrenching stories first-hand of the intense pain and grief felt by the families of victims of horrific crimes, according to the <em>Sun-Times<\/em>.<\/p>\n<p>In the end, though, he reached the conclusion that righting the wrongs of the death penalty was paramount in Illinois.\u00a0 &#8220;I do believe the death penalty should be abolished in our state because of mistakes that were made &#8230;\u00a0 and also because there are other means of punishment,&#8221;\u00a0 the <em>Sun-Times<\/em> reported.\u00a0 &#8220;I have listened to many, many people on both sides of this issue.\u00a0 Over the last two months I deliberately set up a time of reflection and review, study &#8230;\u00a0 to come to my decision.&#8221;<\/p>\n<p>Even the conservative <em>Chicago Tribune<\/em> backed the governor for making the move.<\/p>\n<p>&#8220;Recognizing the intractable flaws of a system that sent at least 20 innocent men to death row, Illinois has taken a difficult but courageous step,&#8221; the <em>Tribune<\/em> published in an editorial.\u00a0 &#8220;No government can sanction an instrument of justice that takes such risks with the lives of innocent people.&#8221;<\/p>\n<p>&#8220;Illinois will no longer risk executing an innocent person,&#8221; the <em>Tribune<\/em> said in its editorial.\u00a0 &#8220;Illinois is better off without the death penalty.&#8221;<\/p>\n<p><a href=\"http:\/\/www.ncadp.org\/\" target=\"_blank\" rel=\"noopener\">Only 16 of the 50 U.S. states<\/a> \u2013 now including Illinois \u2013 forbid executions. That leaves the 34 remaining states, including Pennsylvania, which still allow the death penalty,\u00a0 according to the Washington-based National Coalition to Abolish the Death Penalty.\u00a0 There is also no death penalty in the District of  Columbia or Puerto Rico.<\/p>\n<p>Since 1976,\u00a0 according to the group,\u00a0 1,234 prisoners have been executed in the U.S.,\u00a0 including 46 nationwide last year.<\/p>\n<p>Before Illinois,\u00a0 New Jersey was the last state \u2013 in 2007 \u2013 to overturn the death penalty.<\/p>\n<p>The finality of the death penalty is truly its major flaw.<\/p>\n<p>Supporters argue its importance as a deterrent against crime.\u00a0 They often also argue that it has always been justly handed down and that never has an innocent person been put to death.<\/p>\n<p>The latter may not be true, however.<\/p>\n<p>In Texas in 2004, Cameron Todd Willingham was executed after he was convicted of setting a fire in his home that killed his three young daughters in 1991. He continuously maintained that he had not committed the crime, according to The Innocence Project. A 17-page analysis of the case, published in <em>The New Yorker<\/em> in 2009, detailed how many of the arson analysis methods used to convict Willingham <a href=\"http:\/\/www.newyorker.com\/reporting\/2009\/09\/07\/090907fa_fact_grann\" target=\"_blank\" rel=\"noopener\">were later found to be flawed<\/a>.<\/p>\n<p>The Willingham case continues to haunt death penalty opponents.<\/p>\n<p>There have been other cases that remain in doubt.<\/p>\n<p>In San Antonio,  Texas, in 1993, Ruben Cantu was executed after being convicted of murdering another man in a robbery. Cantu was 17 when he was convicted. He was 26 when he was put to death. &#8220;A dozen years after his execution, a <em>Houston Chronicle<\/em> investigation suggests that Cantu, a former special-ed student who grew up in a tough neighborhood on the south side of San   Antonio, was likely telling the truth,&#8221; the paper reported in 2006.\u00a0 His accomplice, the paper reported, &#8220;signed a sworn affidavit saying he allowed his friend to be falsely accused, though Cantu wasn&#8217;t with him the night of the killing.&#8221;<\/p>\n<p>In addition, the lone eyewitness recanted his earlier testimony that placed Cantu as the shooter, the <em>Chronicle<\/em> reported.\u00a0 The eyewitness told the paper &#8220;he felt pressured by police to identify the boy as the killer. Cantu &#8220;was innocent.\u00a0 It was a case of an innocent person being killed,&#8221; the eyewitness told the paper.<\/p>\n<p>Last November, a story in <em>New York<\/em> magazine reported that another Texas prisoner, Claude Jones, was executed in 2000 after his <a href=\"http:\/\/nymag.com\/daily\/intel\/2010\/11\/new_evidence_suggests_texas_ex.html\" target=\"_blank\" rel=\"noopener\">request was denied for DNA testing<\/a> on evidence used in his murder conviction.\u00a0 Jones&#8217; attorneys asked that a single strand of hair found at the crime scene be tested for DNA to prove his innocence, the story said. After his execution, DNA tests ultimately showed that the hair belonged to the murder victim, not to Jones, <em>New York<\/em> reported.\u00a0 &#8220;Anti\u2013death penalty advocates are hoping Jones could be the first-ever executed person exonerated by DNA evidence,&#8221; the magazine wrote.<\/p>\n<p>This issue is very real.<\/p>\n<p>Just this week, the U.S. Supreme Court voted 6 to 3 to allow Texas death row inmate Hank Skinner to <a href=\"http:\/\/articles.latimes.com\/2011\/mar\/08\/nation\/la-na-court-dna-20110308\" target=\"_blank\" rel=\"noopener\">seek crime scene DNA evidence<\/a> that could clear him for three murders, according to a story in <em>The Los Angeles Times. <\/em>Skinner literally was within an hour of being put to death when the court stayed his execution and agreed in March 2010 to hear his case, according to the non-profit Innocence Project, a legal clinic dedicated to exonerating wrongfully convicted people through DNA testing.<\/p>\n<p>Had Skinner been put to death already, this evidence that could possibly clear him would be moot.<\/p>\n<p>If executions take place, there is simply no going back in the event or legal errors, omissions or false testimony.<\/p>\n<p>Here at <em>MyPhillyLawyer<\/em>, we wrote on this very blog back in December 2009 about the terrifying case of James Bain, who <a href=\"..\/2009\/12\/18\/free-at-last-after-35-years-in-prison-any-of-us-could-have-been-james-bain\/\">spent 35 years in prison for a crime he didn&#8217;t commit<\/a>.\u00a0 Bain was freed after DNA testing determined that he was not the man who kidnapped and raped a nine-year-old boy in Florida back in 1974.<\/p>\n<p>At the time of his release from prison, Bain was the 248th person exonerated of crimes due to DNA testing in our nation, according to The Innocence Project.\u00a0 Today, that number stands at 266 former prisoners.<\/p>\n<p>&#8220;No one can give James Bain those 35 years back, but his experience underscores again that our system of law is not without flaws and can allow innocent people to be imprisoned for decades,&#8221; we wrote in this blog at that time.<\/p>\n<p>The horrific reality, though, is that had Bain&#8217;s alleged crime been subject to a death penalty, he could have been wrongly executed before his ultimate release.<\/p>\n<p>That would have meant that an innocent man would have been put to death for a crime he didn&#8217;t commit.<\/p>\n<p>In this nation, in this world, that is simply unacceptable.<\/p>\n<p>We applaud the governor of Illinois for repealing that state&#8217;s death penalty and we hope that the remaining 34 states that still have these archaic and inhumane punishments on their books soon follow suit.<\/p>\n<p>If even one innocent person is wrongly executed in this country, that is too many.<\/p>","protected":false},"excerpt":{"rendered":"<p>The availability of the death penalty as a sentence for heinous crimes in the United States raises searing emotions on both sides, but one thing is for certain: it is irreversible. That&#8217;s why the repeal this week of the death penalty in Illinois was the right thing to do. Why? Because, as Gov.\u00a0 Pat Quinn&hellip;<\/p>","protected":false},"author":9,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[63,51,1,65],"tags":[489,376,490,491],"class_list":["post-1163","post","type-post","status-publish","format-standard","hentry","category-law-in-the-news","category-legal-updates","category-news","category-the-law-and-you","tag-convictions","tag-death-penalty","tag-executions","tag-wrongful-conviction"],"acf":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/posts\/1163","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/users\/9"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/comments?post=1163"}],"version-history":[{"count":11,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/posts\/1163\/revisions"}],"predecessor-version":[{"id":12923,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/posts\/1163\/revisions\/12923"}],"wp:attachment":[{"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/media?parent=1163"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/categories?post=1163"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/tags?post=1163"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}