Bringing thought to capital punishment

Let's talk about death. The nation needs a full debate on the death penalty-not just on whether it is a moral solution but also whether and how it can be implemented fairly. Illinois, which famously cleared out Death Row and put a moratorium on executions two years ago, would be a fitting place to start.

But Dick Devine, Cook County states attorney, said calls for a comprehensive and vigorous discussion of the issue have been met with "a massive outpouring of silence."

Politicians, Devine told an NCEW convention audience, have found a safe harbor in the moratorium that allows them to say they're for the death penalty (i.e., tough on crime) but against using it unless "the world is perfect."

Meanwhile victims are left in limbo. The death penalty remains on the books-and indeed has been imposed on a handful of criminals since the moratorium was put in place-but it isn't carried out. Loved ones don't know if it ever will be, so their cases are never over.

Devine, who favors limited use of the death penalty, said he can live with policy-makers deciding to scrap the ultimate form of punishment. But it's time, he said, to decide whether to make it a real part of the criminal justice system or remove the fallacy that well have it but not use it.

"It's wrong for victims, its wrong for families, and it's wrong for the legal system," Devine said during a panel on "Crime and Punishment in the 21st Century."

Most of the discussion-moderated by Cornelia Grumman, the Chicago Tribune editorial writer who won the 2003 Pulitzer Prize for editorials advocating reform of the system-focused on the death penalty. But it also more broadly addressed limiting flaws in the criminal justice system that lead to wrong convictions.

Devine said that contrary to all instincts, people will confess to crimes they didn't commit-and not because of coercion or undue influence. That's why prosecutors insist that investigators not disclose too much information during witness interviews so they can look for holes in stories as well as information only the perpetrator should know.

Devine has also supported videotaped interrogations, which will be required statewide by July 2005. He maintains that the death penalty bar should consist only of the lawyers and judges with the most trial experience. His own office has a capital litigation committee that meets weekly to make sure prosecutors seek the death penalty only in cases where they conclude the evidence is sufficiently strong that, after all the appeals are exercised, judges and the public can be convinced that the person on Death Row committed the crime. And his office is reviewing a hundred old cases for which DNA evidence has become available to see if anyone is in prison who should not be.

Devine described his job as emotional and difficult but said he takes a lot of pride in it. Although the fishbowl aspect of the job is particularly trying, he said there is so much power in the system that its appropriate that many people and organizations examine it.

Devine showed his aptitude for handling the spotlight when his fellow panelist missed the session, leaving him and Grumman to capably field members' questions.

Becca Rothschild, associate editor of the Detroit Free Press, was elected to the NCEW board at the 2004 convention. E-mail rothschild@freepress.com

Copyright MASTHEAD National Conference of Editorial Writers Winter 2004
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