SR0465 93RD GENERAL ASSEMBLY

SR0465 LRB093 21538 RLC 48735 r

SENATE RESOLUTION

WHEREAS, On May 4, 2000, the Governor of the State of Illinois issued Executive Order No. 4 that created the Governor's Commission On Capital Punishment; and

WHEREAS, The duties of the Commission were: (1) 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; (2) 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; (3) 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; and (4) to make any recommendations and proposals designed to further ensure that the application and administration of the death penalty in Illinois is just, fair, and accurate; and

WHEREAS, In April 2002, the Commission issued its recommendations; and

WHEREAS, Recommendation No. 45 was among the Commission's recommendations and provided that the Illinois Supreme Court should consider providing all prosecutors and defense lawyers who are members of the Capital Trial Bar and who are trying capital cases with periodic training in the following areas: (1) the risks of false testimony by in-custody informants ("jailhouse snitches"); (2) the risks of false testimony by accomplice witnesses; (3) the dangers of tunnel vision or confirmatory bias; (4) the risks of wrongful convictions in homicide cases; (5) police investigative and interrogation methods; (6) police investigating and reporting of exculpatory evidence; (7) forensic evidence; and (8) the risks of false confessions; and

WHEREAS, Section 16 of Article VI of the Illinois Constitution vests general administrative and supervisory authority over all courts in the Supreme Court of Illinois; and

WHEREAS, In accordance with this authority, the Illinois Supreme Court has adopted rules governing trial procedures in criminal cases; and

WHEREAS, The adoption of Commission Recommendation No. 45 by the Illinois Supreme Court would serve the best interests of the Illinois criminal justice system; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Illinois Supreme Court to adopt Recommendation No. 45 of the Governor's Commission On Capital Punishment; and be it further

RESOLVED, That a suitable copy of this Resolution be presented to the Honorable Mary Ann G. McMorrow, Chief Justice of the Illinois Supreme Court.