July 11, 2001

Powerful opinion on death penalty

High court's O'Connor fears execution of innocent

 Supreme Court Justice Sandra Day O'Connor has added an influential voice to those expressing uneasiness about the death penalty.

Supreme Court Justice Sandra Day O'Connor has lent her influential, nuanced voice to those Americans growing uneasy about the death penalty.

We share her unease.

Last week, in a speech to women lawyers, O'Connor shared her concerns about the number of death row inmates who have been exonerated by new evidence. She could not have been more plainspoken.

 "The system may well be allowing some innocent defendants to be executed," she said.

 Then, perhaps revealing her innermost thoughts, she told the group from Minnesota, which has no death penalty, "You must breathe a big sigh of relief every day."

 O'Connor's opinions, of course, matter a great deal.

 She has been a consistent supporter of the death penalty since joining the court in 1981. She has supported the death penalty since her days in the Arizona state Senate. O'Connor is also considered the crucial swing vote on a court divided into distinct ideological blocs: three conservatives, two moderate conservatives and four moderate-liberals. She often makes the majority. So what O'Connor is thinking about this, and other issues, matters a great deal.

 Her comments also come at a particularly decisive moment. Post-conviction DNA testing has recently helped free several convicted felons, calling into question the fairness of their original convictions. Since 1973, 90 death row inmates have been exonerated.

 These cases raise critical questions.

 Could other convictions be overturned if DNA evidence and other scientific and technological are allowed into the process in other states? What should be done to ensure innocent men and women aren't executed?

 Next fall, the Supreme Court will hear arguments in three cases that involve the death penalty. O'Connor's speech does not necessarily mean she is ready to abandon her long-time position on the death penalty.