How and Why Illinois Abolished the Death Penalty
MINNESOTA JOURNAL OF LAW & INEQUALITY A Journal of Theory and Practice Summer 2012 How and Why Illinois Abolished the Death Penalty Copyright (c) 2012 Law & Inequality For footnotes, see published version: 30 Law & Ineq. 245 Rob Warden Executive Director, Center on Wrongful Convictions Bluhm Legal Clinic, Northwestern University School of Law Introduction The late J. Paul Getty had a formula for becoming wealthy: rise early, work late—and strike oil. That is also the formula for abolishing the death penalty, or at least it is a formula—the one that worked in Illinois. When Governor Pat Quinn signed legislation ending capital punishment in Illinois on March 9, 2011, he tacitly acknowledged the early rising and late working that preceded the occasion. “Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it.” The experience to which the governor referred was not something that dropped like a gentle rain from heaven upon the place beneath and seeped into his consciousness by osmosis. Rather, a cadre of public defenders, pro bono lawyers, journalists, academics, and assorted activists, devoted tens of thousands, perhaps hundreds of thousands, of hours, over more than three decades, to the abolition movement. All of the work would have been for naught, however, without huge measures of serendipity— the figurative equivalent of striking oil. The gusher, as I call it, was a long time coming. The prospecting began in 1976—a year before the Illinois death penalty was restored after the temporary hiatus ordered by the U.S.
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