Scott Turow - Ultimate Punishment: A Lawyer's Reflections on Dealing with the Death Penalty – Review.

 

Rendered with his fictional writing flair, Turow has tackled a subject matter that deals with life and death. In this short though thorough essay, the novelist reflects on the death penalty's many arguments.

In March 2000, a Moratorium on executions was declared by the Governor of Illinois, George Ryan. After two years of deliberation, Turow and many distinguished lawyers and academics submitted their recommendations. As a result of these findings, Ryan made international news by commuting the sentences of 167 persons left on death row. (This made headline news in Australia as the death penalty here was abolished over forty years ago) It should go without saying that this was a bold move by the Governor and potential political suicide. However, at the end of his tenure, he decided to choose and act on that choice. This book summarises the many aspects of the Moratorium's deliberations, which is fascinating reading.

Before the Moratorium, Turow admits that he was a "Death Penalty Agnostic." In other words, the man was a fence sitter, refusing to take a stand either way. After two years on the committee, and by the end of the essay, if asked whether Illinois should retain Capital Punishment, his answer is a confident, No. After reading the many reasons for and against the debate, I found it understandable why he fell off the fence. The system is fallible, and the fact that we seem to be hard-wired for revenge; it has been all too easy, in our zealousness for justice or retribution, to execute innocent people. This has occurred far too often for any government to be comfortable executing its citizens. But of course, as Turow plainly points out, this issue is a complex one, which begs to be further unpacked, potently analyzed, to make it law, either way, across the boards.

From my reading, the actual recommendations from the committee are reasonable and fair. For example, ensuring the videotaping of all questioning of a capital suspect conducted on a police facility; that the eligibility criteria for the death penalty are narrowed to five points; that the death penalty is not available when a conviction is based only on the testimony of a single eyewitness. (p. 122)

The Moratorium did not want the death penalty abolished entirely; however, these recommendations are designed to ensure an innocent defendant stands a lesser chance of wrongful execution.

This was a political decision. No government has the "Right" to execute its citizens. 

Turow writes excellent novels about the law. This work has approached a subject that absolutely requires further debate. And he has done it with honesty and enthusiasm with a novelist's flair and elegance.

Good reading.