Ryan Right on Illinois Death Penalty Decision

Not surprisingly, outgoing Illinois Gov. George Ryan precipitated a firestorm of controversy when he pardoned four inmates on death row and commuted the sentences of all but four of the remaining 167 death row inmates to life in prison without parole. (The other four got shorter prison sentences.)

While I fully understand the dismay, anger and frustration of the prosecutors, judges and juries who have struggled with the excruciatingly difficult issues invariably involved in capital cases, I nevertheless believe that Mr. Ryan made the right decision. In a political career marked more by scandal than achievement, he has done many things wrong. This, however, is not one of them.

Since capital punishment was reinstated in Illinois in 1977, the number of death row inmates who have been exonerated when it has been discovered that they were falsely convicted exceeds the number executed. In one case-that of Anthony Porter-the error was discovered just 48 hours before he was scheduled to be executed.

Mr. Ryan was right when he stated, "Our capital system is haunted by the demon of error: error in determining guilt and error in determining who among the guilty deserves to die." Error in falsely convicting innocent people and the error of inequity resulting from inconsistency in the way the death penalty has been applied in various jurisdictions.

Mr. Ryan's critics include many in the state legislature. Their criticism rings hollow, however, when one realizes that state legislators consistently refused to consider the proposals Mr. Ryan made in an effort to ensure equity and accuracy in capital cases.

Contrary to what some have charged (including the author of a letter to the editor that appeared in this paper), commuting sentences to life in prison without parole is not to pardon them. Convicted murderers are not getting away without paying for their crimes. Indeed, some believe that the gruesome experience of life in prison without parole exacts a greater penalty than swift and painless death.

Though Mr. Ryan's decision brings one chapter to its conclusion, it is essential that review of cases in which there is reason to believe the individual was erroneously convicted be continued. Imprisoning those falsely accused of committing crimes is no more justifiable than executing them.

And both the state legislature and the U.S. Congress ought to devote attention to legislative measures to minimize the risk of erroneously convicting innocent people. On the national level, the Innocence Protection Act, a bill introduced by Reps. Ray LaHood (R-IL) and William Delahunt (D-MA), is languishing in committee. The bill includes the following measures intended to prevent the erroneous conviction of innocent people and ensure greater equity in the way our criminal justice system works:

• Allow convicted offenders to request DNA testing on evidence that is in the government's possession;

• Help states provide defendants with professional and experienced lawyers at every stage of a death penalty case;

• Provide those proven innocent after unjust incarceration some measure of compensation;

• Require states to inform juries of all sentencing options, including the option of sentencing a defendant to life in prison without the possibility of parole; and

• Ensure that the public has more reliable and detailed information about the administration of capital punishment laws.

The Innocence Protection Act, which would not outlaw capital punishment but rather ensure greater equity and accuracy in the way it is administered, is a good bill that ought to be enacted. The state legislature would do well to enact similar measures. That's the most appropriate response to the action Mr. Ryan has taken.