Yesterday, the Illinois Legislature passed a bill to abolish the death penalty in that state. In order for the bill to become law, the governor must sign it. The bill now sits on Governor Pat Quinn’s desk, and he has said that he does not yet know what he will do.
Illinois has been a leader in the death penalty debate in recent years, so it will be interesting to see if the governor has the courage to accept the role in abolishing the death penalty. After several Illinois death row inmates were found to be innocent in the 1990s, then-Gov. George Ryan ordered a commission to review the criminal justice system and he ultimately commuted the sentences of everyone on Illinois’s death row. The results from the commission, and studies by other states inspired by Illinois, in effect, found that there are so many flaws in the criminal justice system, that we can never be sure that we will not execute an innocent person.
Fifteen states and the District of Columbia do not have the death penalty, and there has been a strong worldwide trend for decades to get rid of the death penalty. Yet, when we hear about a violent crime, like the recent tragic shootings in Arizona, our first reaction is to reach for the lethal injection needle. That quest for revenge is normal and human, but it is also normal and human to act out of rational thought instead of anger. And rational thought and experience tell us that the death penalty is more expensive than life in prison, ineffective, racist, inaccurate, and discriminates against the poor.
Steve Earle touches on several of these themes in his excellent song, “Billy Austin.” The stark tale is narrated by a death row inmate who is part Native American. He does not claim to be innocent, and he describes committing a murder during a filling station robbery. The song then addresses the trial, referencing the poor representation often given to those charged with capital crimes. Earle seems to be telling us that the death penalty is not given based on the worst crimes, it is given based on what happens in a courtroom.
But my trial was over quickly
And then the long hard wait began
Court appointed lawyer
Couldn’t look me in the eye
He just stood up and closed his briefcase
When they sentenced me to die
The narrator then describes the wait on death row, touching on the racism in the system.
I ain’t about to tell you
That I don’t deserve to die
But there’s twenty-seven men here
Mostly black, brown and poor
Most of em are guilty
Who are you to say for sure?
And the song ends with another question.
Could you take that long walk with me
Knowing hell is waitin’ there
Could you pull that switch yourself sir
With a sure and steady hand
Could you still tell yourself
That you’re better than I am.
And those are the questions that face Gov. Quinn. If he does not sign the bill, he will be the one pulling the switch on everyone executed in Illinois from this day forward. And that is a heavy responsibility to bear. Because the death penalty ultimately is not about the person being killed, it is about who we are.
Bonus Governors’ Dilemmas in Other States: In the past week, Missouri Gov. Jay Nixon, and Tennessee Gov. Phil Bredesen granted clemency to men on death row. Meanwhile, also in the last week, Colorado Gov. Bill Ritter granted a posthumous pardon to Joe Arridy, who was executed in 1936, because evidence now shows Arridy was innocent.
Bonus Discussion of Another Steve Earle Song on the Death Penalty: Justice Stevens and Steve Earle’s “Ellis Unit One.”
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