finding that defendant's argument that "[n]o amount of procedural due process can prevent all of the errors that can result in an innocent person being convicted of a capital crime" amounts to "a mere attack on the death penalty per se" (internal quotation marks omitted)
How later courts described this case
- finding that defendant's argument that "[n]o amount of procedural due process can prevent all of the errors that can result in an innocent person being convicted of a capital crime" amounts to "a mere attack on the death penalty per se" (internal quotation marks omitted)
- noting that legal oversight of the capital punishment system has diminished and that “[t]he General Assembly has drastically shortened the period in which post-conviction relief can be sought, thereby reducing the time in which exonerating evidence may be discovered”
- rejecting argument that death penalty is unconstitutional because it is "inevitab[le] that innocent persons will be wrongly convicted of capital crimes and executed"
- When weighing the evidence, the trier of fact is not required to disregard the natural inferences that flow normally from the evidence, nor is it required to search out all possible explanations consistent with innocence and raise them to a level of reasonable doubt
Written by the judges who cited it.
The opinion
JUSTICE BILANDIC, also specially concurring:
I join in the majority opinion. I also agree with the observation of the dissent that “[m]y colleagues are decent and good people.” 185 Ill. 2d at 228. I hasten to add that my colleagues in the majority would return that compliment.
In my view, the partial dissent by my learned colleague is a plea for abolition of the death penalty. This argument should be directed to the legislative branch, which has the power to modify or repeal a statute which it enacted.
We must not overlook the fact that in addition to safeguards provided by the judicial branch, a defendant in a capital case has the additional protection of the executive branch (Ill. Const. 1970, art. V, § 12). On January 16, 1996, executive clemency was granted to Guinevere A. Garcia.
Prior to becoming a judge, Benjamin N. Cardozo argued against the death penalty because, “ ‘To me it is far from clear that weak-minded creatures would be more deterred by it than by some other form of punishment. Beyond and above all this, there is the ever-present chance of error. The risk is too great to be incurred by fallible mortals — a class large enough unfortunately to include judges, high and low.’ ” A. Kaufman, Cardozo 395 (1998) (quoting Benjamin N. Cardozo). However, when he became a judge and had responsibility, “[h]e applied New York’s death penalty statutes and voted to affirm numerous death sentences.” A. Kaufman, Cardozo 396 (1998).
The dissent eloquently expresses a personal conviction but does not address the sound and authoritative opinion of the majority.
JUSTICE NICKELS joins in this special concurrence.