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Ill. High Court Upholds Death Row Commutations

Great news. The Illinois Supreme Court has upheld former Governor George Ryan's 2003 commutation of all death row sentences.

The governor may grant reprieves, pardons and commutations on his own terms, and the decisions are "unreviewable," the court said....."The governor's constitutional clemency powers allow him to completely or partially absolve a defendant of the consequences of his crime, and to suspend or commute any sentence imposed by the judiciary," Justice Robert R. Thomas wrote in the opinion.

The full opinion is here (html). Scrivener's Error has this analysis:

This is a striking example of desperate attempts by the anti-clemency forces to apply a "form over substance" standard to clemency petitions. I have nothing whatsoever against the victims; .... Governor Ryan made a compelling case that he could not be absolutely certain that the Illinois system had properly sentenced the right people--both inclusively and exclusively--to death. Given the discretion he has within the Illinois Constitution, the ultimate result of this case should have been obvious. This leads one to question the actual motives of the government officials involved in opposing the clemency order--most particularly whether their own ambitions overcame their good sense.

Presuming that, as elected officials in a state with a proud heritage of voting fraud, they have any good sense. Or thoughts of their own, for that matter....The irony that Lisa Madigan, who replaced Jim Ryan (one of the officials implicated, but not punished, in the Rolando Cruz wrongful-conviction saga) as state Attorney General, continued this battle is a bit much. Would it surprise anyone to learn that she's a relative of the Democratic leader of the state House of Representatives? I didn't think so.

Law is merely politics continued by other means. These are some of the other means.

Our view: Governor Ryan should be awarded the Nobel Peace Prize.

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