WHEREAS,
I am charged with the constitutional responsibility for the faithful
execution of the laws of this great State and I have supported
laws and programs to assist the police, prosecutors and the courts
in fairly enforcing those laws; and
WHEREAS,
I have been a strong proponent of strict criminal penalties, victim
rights and the protection of all the people of Illinois; and
WHEREAS,
the dual aim of our criminal justice system and the rule of law
is to ensure that the guilty shall not escape or the innocent
suffer; and
WHEREAS,
the death penalty is a legal form of punishment supported by the
citizenry and I have long supported the imposition of such punishment
as a proper societal response for the most vicious and heinous
of crimes; and
WHEREAS,
since the reestablishment of the death penalty in Illinois
in 1977, there have been persistent problems in the administration
of the death penalty as illustrated by the thirteen individuals
on death row who have had their death sentences and convictions
vacated by the courts; and
WHEREAS,
the number of death sentences and criminal convictions being vacated
or overturned has raised serious concerns with respect to the
process by which the death penalty is imposed; and
WHEREAS,
based on this experience, we should conduct a thorough review
of the death penalty process because the ultimate outcome is irreversible;
and
WHEREAS,
the people of the State of Illinois must have full and complete
confidence that when the death penalty is imposed and final appeals
of that sentence are completed, the guilt of the defendant has
been justly, fairly, thoroughly and accurately established; and
WHEREAS,
in discharging my constitutional obligations with respect to the
death penalty, I have the awesome responsibility, and last opportunity,
to review a death penalty case before the sentence is carried
out to ensure the fairness of the adjudicative process, the factual
guilt of the defendant and the appropriateness of the sentence;
THEREFORE,
I, George H. Ryan, order the following:
I. CREATION
There
shall be established the Governor’s Commission on Capital Punishment.
II. PURPOSE
The
duties of the Commission shall be:
A. To study and review the administration
of the capital punishment process in Illinois to determine why
that process has failed in the past, resulting in the imposition
of death sentences upon innocent people.
B. To
examine ways of providing safeguards and making improvements
in the way law enforcement and the criminal justice system carry
out their responsibilities in the death penalty process--from
investigation through trial, judicial appeal and executive review.
C.
To consider, among other things, the ultimate findings and final
recommendations of the House Death Penalty Task Force and the
Special Supreme Court Committee on Capital Cases and determine
the effect these recommendations may have on the capital punishment
process.
D. To
make any recommendations and proposals designed to further ensure
the application and administration of the death penalty in Illinois
is just, fair and accurate.
III.
MEMBERSHIP
A. The Commission shall consist
of a Chairperson, two Co-Chairpersons and 11 additional members,
including an Executive Director, all appointed by the Governor.
B. Members shall serve without compensation,
but may be reimbursed for expenses.
C. The Commission shall be provided
assistance and necessary staff support services by the Office
of the Governor and the agencies of state government involved
in the issues to be addressed by it.
IV.
REPORT
This
Executive Order is not intended to, does not, and may not be relied
upon to create, expand or abridge any privileges, benefits, remedies,
immunities or rights, substantive or procedural, in any matter
administrative, civil or criminal. This Order may not be used
as evidence, findings or otherwise in any future or pending matter
relating to capital litigation. No limitations are hereby placed
on the lawful investigative and prosecutorial prerogatives of
any office of government (state, county or local).
