America's
history is only sprinkled with moments of greatness. We very rarely
witness them. But whether one agrees or not with Governor George Ryan's
decision to pardon four and commute the death sentences of 167 to life without
parole (LWOP), it is perhaps the single most important development in the
recent history of the abolitionist movement.
History has a way of surprising us. After all,
who would ever have thought that the new Republican Governor of Illinois
would be anything other than just one more "tough on crime" conservative.
Paradoxically, Ryan emerged as a liberal Republican. Webster's dictionary
defines liberalism as "a political philosophy based on belief in progress,
the essential goodness of man, and the autonomy of the individual and standing
up for the protection of political and civil liberties." Certainly,
this is what George Ryan has done. He stood up for these principles
when few others would. This is a man who has acted on his convictions
and conscience, a man of great courage. I personally rank him up there
with the likes of Lincoln, Lyndon Johnson, Martin Luther King, and Nelson
Mandela who have all advanced the cause of civil liberties and civil rights.
Our history will tell what lasting effect Ryan's actions
will have on the quest to abolish capital punishment in America. Some
victims and their families decry this act as betrayal in its highest form.
They object to all of those who are now getting life sentences because they
are convinced that these prisoners are guilty of murder and are now escaping
a just punishment. One cannot dispute that many are guilty, but as
recent history has shown, well over 100 death row prisoners have been set
free because they were found to be innocent. Ryan studied the problem and
the recommendations of a blue ribbon commission composed of some of the brightest
and most experienced legal minds in Illinois. He realized that there
was plenty of guilt on death row, but he also recognized that many did not
get a fair shake from the legal system. There was also poverty, racism
and a corrupt judicial system: all those beatings, false confessions, and
poor lawyering contributing to the arbitrary and capricious, yet deliberate
assignment of death as a penalty in Illinois.
He also took notice of the fact that there had been 33
lawyers who were disbarred or suspended during this period. Of the
85 specific recommendations to correct the death penalty in Illinois, none
were approved by the state legislature. In the end, Ryan saw mass
commutation as the only solution when his time in office ran out.
No matter what he did, one side would be angry. And for a Republican
politician to take such an act against all odds, in my opinion, is one of
the most courageous acts in a lifetime.
Regretfully, people do not understand the reality of
life sentences: better put, life without the possibility of parole. Victims
lash out with indignation that they are being robbed of closure. But
as experience has proven, many discover that the mere act of execution is
an empty promise. I guess the only way to fully understand the punishment
of LWOP is to experience prison. I have spent 20 years on death row,
waiting to die. With certainty I can tell you that if I were offered
the opportunity to trade my death sentence for LWOP, I would not do so.
To me, execution is preferable to slowly rotting to death. Others may
value their lives differently. Modern prison is as hard as it gets.
There are few diversions and nothing to do. You are fortunate if you
have a TV and a radio these days. There are no hobbycrafts, no weights, no
law libraries, no jobs and little of anything but grief and heartache. Services
are nil and medical treatment almost nonexistent. Everyday is a torturous
struggle to survive. To be condemned to spend every day of your natural
life in such an environment of despair and boredom with no hope of a future
is the harshest punishment one can inflict on another human being.
Can you envision yourself a senior citizen in prison with little medical
treatment, only aspirin for your pain? You suffer all the time in quiet
without any caring or compassion. People in the free world can not
appreciate the loneliness and desolation of such a life. This daily
hopelessness makes execution a welcome choice. If these victims realized
the terrible punishment of LWOP, then maybe they would not be so upset at
what Ryan has done. A sentence of LWOP punishes the guilty and protects
society, while allowing the innocent to potentially prove their innocence.
In a democracy, no minority, even those whose losses touch our hearts, should
be entitled to speak for all of us.
Abolitionists should not be lulled into becoming lax
in their actions to oppose capital punishment. Although disparaged
by Ryan's action, prosecutors in Illinois loudly state that they will continue
to prosecute as they always have. One stated "I will not let one moment
in time, which I don't believe was well reasoned and well thought out, to
change a process and system that has worked." What an amazing statement!
I hope prospective jurors will take notice of the mass commutations and pardons
and this will cause them difficulties in believing that the death penalty
is a just, fair, and reasonable option. It can not be gauged
at this time whether this momentous action taken by Ryan will have any effect
on the remaining 37 states and the federal government who apply the death
penalty. This could, after all, be just an aberration.
There are strong conservative forces that resist change.
Conservative judges are people who hold primitive views on a host of momentous
questions such as the death penalty, affirmative action, privacy and abortion.
One only has to look at a recent statement by Supreme Court Justice Clarence
Thomas. A death row prisoner in Florida submitted a Writ of Certiorari
to the Supreme Court, claiming it was"cruel and unusual" punishment that
he has been made to suffer the tortures of death row for 28 years.
Most certs are denied without comment, however, this time Clarence Thomas
chose to issue a scathing response. He admonished the prisoner by telling
him it would not have been cruel and unusual punishment if he, the prisoner
would have simply submitted to the will of the State of Florida years ago
and just taken his punishment of execution. How does one counter such
a statement! This is the face of conservatism in America today.
Abolition is a long and hard road with few victories.
Therefore, such extraordinary actions as what Governor George Ryan has done
will serve to rejuvenate and fuel us on in the struggle. It may be
a very long time before we experience such a bold and momentous event again.
But as we have seen, tremendously wonderful things can come from totally
unexpected quarters. Everyone is capable of teaching us the lesson
of understanding, fairness and the desire to do the right thing under the
harshest of circumstances and pressure. Governor George Ryan has displayed
the mettle that greatness comes from. We are all in his debt.
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