It might seem odd to many readers of this blog why I have so much respect for Richard Devine. I am highly critical of his positions on death penalty reform and what is a somewhat mediocre view on prosecutorial misconduct. In the interest of disclosure, I’m familiar with some people close to him though I don’t receive tips from them. From those relationships, I’ve developed a good deal of respect for him.
He is moving in the right direction on two issues. First, he is working on a pilot taping program for police. Much of the resistance to taping confessions is coming from the police departments. They feel taping will hamper their effectiveness. The flip side of the argument is that by taping confessions, claims of coercion won’t be so easy to make. I fall in the second camp and believe taping will ultimately improve police effectiveness. The problem is getting police to buy into it. Devine is seeking to start a pilot program that will help do so. What has seemed like intransigence is starting to look like consensus building.
On a second issue, Devine has set up a special team to examine DNA evidence of convicted felons in Cook County. This is to be commended. While I would like to see a team working on all prosecutorial misconduct, this is a good start.
If death penalty reform is to work in Illinois, supporters of the Death Penalty such as Devine will need to seek some common ground with reformers. While I have no hope for DuPage County prosecutor Joe Birkett, there is some hope for reform with prosecutors like Devine.