Illinois Governor Uses Gun-Control Veto to Attempt to Re-Enact Death Penalty
lllinois Governor Bruce Rauner has conditionally vetoed a gun-control initiative unless the legislature agrees to reinstate capital punishment in the state. Exercising an amendatory veto—a power some governors are granted that permits them to amend legislation in lieu of an outright veto—Rauner called for making the killing of a police officer or any murder in which more than one person was killed a new crime of "death penalty murder." In a May 14, 2018 news conference at the Illinois State Police forensic laboratory in Chicago, Rauner said "individuals who commit mass murder, individuals who choose to murder a law enforcement officer, they deserve to have their life taken." He attached his death-penalty plan and several other gun-control amendments to a bill that would have established a 72-hour waiting period for the purchase of assault rifles in Illinois. Legislative leaders and major Illinois newspapers blasted the action as diversionary political gamesmanship by a weakened governor facing a difficult re-election campaign, and said the death-penalty plan had little chance of enactment. Democratic state Rep. Jonathan Carroll, the gun-control bill's sponsor, said the governor had not consulted him about possible changes and had "hijacked my bill and put politics ahead of policy." Senate President John Cullerton said: “The death penalty should never be used as a political tool to advance one’s agenda. Doing so is in large part why we had so many problems and overturned convictions. That’s why we had bipartisan support to abolish capital punishment.” Thomas Sullivan, the co-chair of Commission on Capital Punishment in Illinois appointed by Republican Gov. George Ryan, said Rauner's plan was a “lousy idea.” He called the death penalty expensive and time-consuming, and said, "It doesn’t reduce crime." The Chicago Tribune editorial board characterized Rauner's amendatory veto as "cynical" and a "death penalty ploy" that the paper said was intended "to re-establish [Rauner's] bona fides with disgruntled conservative Republicans." A Chicago Sun-Times editorial said the governor knew he was "load[ing] up the bill with so many major new provisions that there is no way" the state legislature would approve it, enabling Rauner to claim he "didn’t technically kill the cooling off period ... without strictly telling a lie." In 2000, after a series of death-row exonerations, Ryan declared a moratorium on executions in Illinois and appointed the commission, and in 2003 commuted the sentences of everyone on the state's death row. Democratic Gov. Pat Quinn signed a bill to abolish the state's death penalty in 2011. The Tribune editorial said: "The death penalty issue in Illinois was examined and debated for years in light of notorious incidents of wrongly convicted defendants sent to death row. In Illinois, the legitimate sentiment of many that certain heinous criminals should be put to death was weighed against the risk of errors, and the decision was made to end capital punishment. ... [N]othing has changed to make Rauner’s [May 14] announcement worthy of consideration."
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POLL: Americans Overwhelmingly Oppose Death Penalty for Overdose Deaths
Americans of all ages, races, and political affiliations overwhelmingly oppose the Trump administration plan to pursue capital punishment for drug overdose deaths and believe it will have no effect on addressing the opioid public health crisis, according to a March 16-21, 2018 nationwide Quinnipiac University poll. By a 50-percentage-point margin (71% to 21%, with 8% saying they did not know or would not answer), Americans oppose the death penalty for persons convicted of selling drugs that contributed to a fatal overdose (click on graph to enlarge image). Three-quarters of Americans (75%-20%-5%) said that using the death penalty for drug sales leading to overdose deaths will not help stop the opioid crisis. Nearly three-fifths of Republicans (57%) both opposed the administration’s plan and thought it would not work. Opposition to the use of the death penalty for drug-overdose sales was highest among African Americans (90%), Democrats (87%), voters aged 18-34 (82%), and college-educated Whites (77%). 73% of women and 70% of men opposed the plan, as did 69% of Whites, Hispanics, and Independents. By margins of more than 3 to 1, men and women, Blacks and Whites, and Democrats and Independents also said using the death penalty would not help stop the opiod crisis. Hispanics by a margin of 2 to 1 thought it would not work. The Quinnipiac Poll also asked the 1,291 voters it surveyed several questions about the death penalty itself. In a question that asked simply “Do you support or oppose the death penalty for persons convicted of murder?,” 58% said they supported capital punishment, while 33% opposed. That contrasted with the most recent Gallup Poll, which reported 55% support for the death penalty, and the Pew Research Center poll, which reported support at 49%. When asked “Which punishment do you prefer for people convicted of murder: the death penalty or life in prison with no chance of parole?,” 51% of Quinnipiac Poll respondents said they preferred life without parole, versus 37% who preferred capital punishment. A Quinnipiac news release said this was the first time since the poll began asking this question in 2004 that a majority of Americans said they preferred the life-sentencing option. At the same time, however, poll respondents said by a 2 to 1 margin that they would not like to see the death penalty abolished nationwide. Democrats split on that question at 47%-46% in favor of abolition, but substantial majorities of every other demographic opposed abolition. “It’s a mixed message on a question that has moral and religious implications,” said Tim Malloy, the assistant director of the Quinnipiac University Poll. “Voters are perhaps saying, ‘Keep the death penalty, but just don’t use it.”
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Supreme Court Declines to Review Arizona Case Challenging Constitutionality of Death Penalty
The U.S. Supreme Court has declined to review a sweeping challenge to the constitutionality of capital punishment brought by Arizona death-row prisoner Abel Hidalgo (pictured). After scheduling consideration of Hidalgo v. Arizona for ten separate court conferences, the Court on March 19 unanimously denied Hidalgo’s petition for writ of certiorari. In a statement issued in conjunction with the Court’s ruling, however, Justice Breyer, joined by Justices Ginsburg, Sotomayor, and Kagan, expressed concern about a second issue raised by Hidalgo—the constitutionality of Arizona’s method of deciding which defendants are eligible for the death penalty. The four justices said that the Arizona Supreme Court had misapplied Supreme Court precedent on that “important Eighth Amendment question,” but believed the factual record was insufficiently developed to warrant the court’s review of the case at this time. Hidalgo had presented records from more than 860 first-degree murder cases over an eleven-year period in Maricopa County—where he was charged—showing that 98% of first-degree murder defendants in that county were eligible for the death penalty, but had been denied an evidentiary hearing to further develop the issue. This “evidence is unrebutted,” the four justices said, and “would seem to deny the constitutional need to ‘genuinely’ narrow the class of death-eligible defendants.” Although “[e]vidence of this kind warrants careful attention and evaluation,” they wrote, the absence of an evidentiary hearing had left the Court with a factual record that “is limited and largely unexamined by experts and the courts below.” With an “opportunity to fully develop a record with the kind of empirical evidence that the petitioner points to here,” the four justices said, “the issue presented in this petition [would] be better suited for certiorari.” The court declined without comment to review a broader challenge Hidalgo presented to the constitutionality of capital punishment itself. Hidalgo is one of many death-row prisoners to raise that issue in the wake of a 2015 dissent by Justices Breyer and Ginsburg in Glossip v. Gross in which they said it is “highly likely that the death penalty violates the Eighth Amendment” prohibition against cruel and unusual punishments.
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