Time to deal with the death penalty

Illinois has had a moratorium on the death penalty for eight years. That doesn't mean, however, that Illinois doesn't have the death penalty.

If you are confused, you're not alone. Juries are confused, too, when they are asked to consider imposing the death penalty sentence. There are 14 people on death row in Illinois despite the moratorium.

It's time that confusion be dealt with by the governor and the legislature - before one of those cases is done with the appeals process and a decision will need to be made to set an execution date.

We have several times over the years called for an end to the moratorium. Gov. Rod Blagojevich has control over that. Just like his predecessor, George Ryan, was able to impose the moratorium and three years later clear death row, Blagojevich can take decisive action and end the moratorium at any time.

The state has put in place many of the reforms that were called for by a state commission formed after it was determined more than a dozen people were wrongfully convicted in Illinois and sent to death row. That number is now 18.

Is that enough? A big issue still to be decided is the number of eligibility factors for the death penalty. State Rep. Dennis Reboletti, an Elmhurst Republican, said he will introduce legislation either this fall or early next year that would reduce those factors.

A Thursday hearing on the issue was a good first step. Cook County State's Attorney Richard Devine and DuPage County State's Attorney Joseph Birkett both spoke out in favor of lifting the moratorium and keeping the death penalty.

"We are not lobbyists for the death penalty, but we are advocates for the proper and fair enforcement of all laws, including the death penalty in those rare cases where it is appropriate," Birkett said.

Family members of victims also made strong, emotional points, reminding all of us that they seek justice.

And the central question of death penalty opponents was also heard: How many other innocent people are on death row?

We certainly want as many reforms in place as possible before the moratorium is lifted. But we've been saying that since the reforms were outlined and many were signed into law years ago. However, some reforms may never get passed and the governor and Legislature need to decide once and for all whether they have done all they can to put in place an improved system or, barring that, whether they are willing to end the death penalty.

Keeping the middle ground of a moratorium is not the answer.

Three years ago, we said in this space: "This endless hand-wringing has reached the point of near-absurdity." Three years later, this still is true. We hope that it doesn't remain true three years or even two years from now.