Friday, December 21, 2001
Death penalty is everybody's business
Cincinnati City Council took a moral stand against capital punishment this week, with some members taking pains to say their opinions don't count.
Ordering executions, after all, is not the city's business. That's a power we reserve for the state and federal judiciaries, and nowadays for semi-secret military tribunals. Why then did city council, with a plateful of budget cuts, economic development proposals and infrastructure repairs, choose to deal with this particular issue first in the law committee on Tuesday, and then with a full council vote Wednesday?
It was because Councilman John Cranley introduced it as a resolution. A resolution is a formal expression of council's opinion. It has no weight of law behind it. The police can't go out and enforce it. About the only thing it does is force politicians to take a position.
That's helpful if you want the world to think of you as a crusader, but not so good if you would prefer that voters concentrate on your record as a member of city council.
This particular resolution urged the Ohio General Assembly to declare a moratorium on the death penalty until it can review the fairness, proportionality, discrimination and accuracy with which it is carried out.
The resolution noted that Illinois recently halted executions after learning that more than a dozen innocent people had been condemned. It noted that no less a judicial light than U.S. Supreme Court Justice Sandra Day O'Connor now questions the fairness of the system; and that Ohio Supreme Court Justice Paul Pfeifer, who sponsored Ohio's 1981 death penalty statute while a legislator, says he is now moving closer to opposing the death penalty.
There are 203 people awaiting execution on Ohio's death row, about a fifth of them from Hamilton County, so let's take a pause to make sure we are doing the right thing, the resolution reasoned.
Now Mr. Cranley is clear he doesn't just want a moratorium. He thinks the death penalty is a morally bankrupt concept that ought to be scrapped altogether. He also knows council can't stop people from being executed, but a council seat is a bully pulpit and he's willing to use it. That's why he paraded a string of witnesses before the law committee that included several state representatives and members of the clergy.
The resolution passed 7-2 in a non-partisan vote with the opposition coming from one Democrat and one Republican.
Moral issues have a tendency to make people squirm because they pit conscience against convenience. There are members of council who oppose capital punishment, but would rather not make a big deal about it because they can't really do anything about it and therefore would prefer the voters not focus on it. Two of those squirming were Republican Chris Monzel and Charterite Jim Tarbell. Both of them said in Tuesday's committee meeting that they thought such resolutions were a foolish waste of council's time. Then they both supported the resolution because they said their consciences wouldn't let them do otherwise.
The two dissenters, Republican Pat DeWine and Democrat David Pepper, came at the issue from different directions. Mr. DeWine made it clear he favors the death penalty, but he also criticized the resolution as frivolous excursion beyond council's jurisdiction. Mr. Pepper, who said he supports a moratorium, justified his no vote with the same reasoning. He said he told people during last summer's campaign what issues they should hold him responsible for, and capital punishment wasn't one of them.
The idea that council shouldn't spend time on issues it can't control is a hopeless dream. It happens all the time. Not long ago it passed a resolution condemning partial birth abortions. It also has passed resolutions on trade with Cuba, apartheid and the Big Red Machine.
On Wednesday they stood for a moment of silence after unanimously passing a resolution honoring restaurateur Ted Gregory, the recently deceased Ribs King.
David Pepper is right, the voters ought to hold council members responsible for the business of the city. But John Cranley, Paul Booth and the others who supported the resolution also are correct when they say a public official should never hesitate to stand up for what he believes in. Even if he can't do anything more than talk about it.
Contact David Wells at 768-8310; fax: 768-8610; e-mail: dwells@enquirer.com. Previous columns at Enquirer.com/columns/wells
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