Raising the Burden of Proof in Death Cases
A bipartisan group of Illinois legislators have introduced a bill to raise the burden of proof in capital cases to "beyond all doubt."
House Minority Leader Tom Cross (R-Oswego) and Rep. Jay Hoffman (D-Collinsville) are among a group of tough-on-crime legislators who introduced the legislation that underscores a commitment to prevent any executions unless there is absolute certainty of a person's guilt.
"It ensures, we believe, that innocent people are not sentenced to death," Cross said. "Just because I'm for the death penalty doesn't mean we should sentence people that are innocent to Death Row." ....If there remained what the legislation calls "residual doubt" during the sentencing phase of a capital trial, the defendant would be sentenced to life in prison instead of lethal injection.
Some legislators who oppose the death penalty fear this will lead to a lifting of the moratorium on the death penalty instituted in 2000 by foromer Ill. Governor George Ryan. Others believe the change would not survive court challenges because of dual standards of proof--beyond a reasonable doubt for the guilt phase and beyond all doubt for the penalty phase.
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