(IRN)-If Governor Pat Quinn wants a nearby opinion on whether he should sign a bill outlawing capital punishment in Illinois, he need look no further than Lt. Governor Sheila Simon.
Simon has written, and made public, a two page letter urging Quinn to sign a bill which the General Assembly has passed. She cites her experience as an assistant state's attorney in Jackson County and says she was very careful about making decisions to charge people, though she never prosecuted a crime as serious as murder.
Simon says the system has proven to be so flawed as to be unreliable. She says the governor asked her to put her thoughts into writing after she shared her opinion with him, something she expects to do quite a bit over the next four years.
Dear Governor Quinn,
As Lt. Governor of Illinois and a former prosecutor in Jackson County, I am deeply invested in maintaining a justice system that acts swiftly and fairly to preserve the public safety of all our state's residents. Today our state is at a crossroads in terms of the use of capital punishment as a deterrent to and punishment for serious crimes. The direction we take will mean the difference between the life and death of men and women not only in Illinois, but in other states that use our model. I commend you for giving this issue the careful study that it deserves.
I spent four years as an assistant state's attorney in Southern Illinois, prosecuting primarily traffic and domestic battery cases. I was careful about charging decisions, and did not bring a case unless I was convinced of the guilt of the defendant. My colleagues in the office had a similar focus on justice. We regularly met with defense attorneys, and when we learned new facts that changed our opinions on a case, we amended charges where appropriate. I also recall one bench trial where, at the close of evidence, I was still convinced of the guilt of the defendant, but I was pleased that the judge found the defendant not guilty. The facts brought up during the trial showed the defendant was in a position of choosing between two bad results, and I believe the defendant chose well.
My concern is for those defendants who do not have an active, alert attorney, and for defendants who lack the capacity to ably assist an attorney in their defense. Those cases will not reach a point where a prosecutor is presented with all available evidence. That means the honest, ethical prosecutor will not even consider facts that would, in another case, lead to amended charges – a life or death issue for the defendant.
Even in the best of circumstances, our system allows for error. We try criminal cases to a standard of “beyond a reasonable doubt.” It is a higher standard than the burden in civil cases, but it is not “beyond all doubt.” Our system links an irrevocable punishment to a standard where jurors could have some nagging questions about the defendant's guilt. The results demand pause.
Since 1977, 20 people sentenced to death in Illinois have been freed because they were found innocent or the cases against them collapsed.
I am proud to have been a prosecutor. I feel I did a good job for the people of the State of Illinois by ensuring that those who are guilty of crimes are punished. But our criminal justice system, even when operated in the best of circumstances, is subject to flaws. As a matter of public respect for our justice system, we cannot tolerate error in execution.
As a former prosecutor and your Lt. Governor, I urge you to end the death penalty in Illinois.
Sincerely,
Sheila Simon
(Source: Illinois Radio Network) |
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