January 13, 2003

PARDON ME, PLEASE
Examining Executive Pardons of Capital Cases

Grades:  6-8, 9-12

Subjects:  Civics, Current Events, Language Arts

Related New York Times Article
"Governor Assails System's Errors as He Empties Illinois Death Row, By JODI WILGOREN", January 13, 2003

Overview of Lesson Plan:: In this lesson, students will research capital-punishment policies supported by leaders who have issued pardons, then reflect on how executive pardons might affect the balance of power between the branches of government.

SUGGESTED TIME ALLOWANCE:   1 hour

OBJECTIVES:Students will:

  1. Explore difference between “forgiving” and “pardoning” a person.
  2. Learn about Governor George Ryan’s decision to commute all death sentences in his state by reading and discussing, “Governor Assails System’s Errors as He Empties Illinois Death Row.”
  3. Research the issues surrounding state and national pardons of death-penalty cases by examining the policies of specific states, or presidents who also served as governors; create jigsaw groups to continue discussing how pardons and death penalties are implemented at the state and national levels.
  4. Write papers exploring how justice in capital case can be maintained or improved, and reflect on the powers allowed to different branches of government in capital cases.

RESOURCES / MATERIALS:

ACTIVITIES / PROCEDURES::

  1. WARM-UP/DO-NOW: students to respond to the following prompt (written on the board prior to class): “What does it mean to forgive someone? Why might a person forgive someone? What is expected to happen after you forgive someone? How are people viewed after they have been forgiven? Explain using an example of a time when you forgave someone.” After a few minutes, allow students time to share their responses.
    Next, explain to the class that, according to dictionary.com, to pardon means “To release (a person) from punishment; exempt from penalty.” Does a pardon change the public’s view of the person being pardoned? Why or why not? Does pardoning a criminal mean the same thing as forgiving that criminal of his or her crime? Why or why not?
  2. As a class, read the article “Governor Assails System’s Errors as He Empties Illinois Death Row” focusing on the following questions:
    1. Why did Governor George Ryan commute all death sentences in the state of Illinois?
    2. How many lives were spared as a result of this action?
    3. What did the Supreme Court do in 1972?
    4. What errors does Governor Ryan believe exist within the capital punishment system?
    5. Why does Jon Van Schaik question Governor Ryan’s actions?
    6. According to the article, how many people did the governors of Oklahoma, Arkansas and New Mexico pardon, respectively?
    7. What has prevented Mr. Ryan from seeking a second term?
    8. What are Richard C. Dieter’s thoughts about Governor Ryan’s decision and the attempts by the Supreme Court to improve the capital punishment system?
    9. When was the death penalty revived in Illinois?
    10. Why did Mr. Ryan call for a moratorium on the death penalty?
    11. Where will the 167 death row prisoners pardoned by Governor Ryan be transferred?
    12. What did Mr. Ryan do for four of the death row inmates?
    13. According to the article, how does Mr. Ryan feel about his decision?
  3. Divide the class into six groups. Explain that students will be working in groups to research either specific state opinions on the death penalty and the state's record of pardons, or specific presidential opinions on the death penalty, and the president's record of pardons. (Note: The presidents chosen for this activity were also governors at some time in their careers.)
    Begin by assigning each group one of the following states or presidents to research their stances on the death penalty and pardoning history -- Oklahoma, Arkansas, New Mexico, President Jimmy Carter, President Bill Clinton, President Ronald Reagan. Ask students to answer one of the following sets of questions (written on the board or copied onto a handout for easier student access), depending on their assigned area:
    For groups researching Oklahoma, Arkansas and New Mexico:For groups researching Presidents Carter, Reagan and Clinton:[Groups studying presidents may begin their research at the Web site of "The Office of the Pardon Attorney" (http://www.usdoj.gov/pardon/)]
    Each student should take notes on their particular group’s findings. Once research is completed, groups will be “jigsawed” into new groups composed of one member from each original group. (It is recommended that one member of each group stays at the table, while the rest of the students walk clockwise and seat themselves in succession with different groups. Since there are six different groups, there needs to be at least six members in each new group, however it is okay if more than one member from each original group is in a new group, if the class size requires this.) Students will share their original group’s information with their new jigsaw groups, focusing on the following questions (written on the board for easier student access):
  4. WRAP-UP/HOMEWORK: Individually, students will write a paper exploring whether or not the executive or judicial branch of government should determine death penalty cases, by responding to the following prompt (written on the board for students to copy before leaving class): "If a president or governor can grant pardons, this technically overrides the judicial system. Is this fair? Why or why not? How should the judicial system improve its methods of convicting criminals to death row? How should presidents and governors improve the methods under their control for convicting criminals to death row?" In a future class, allow students to share their responses.

DISCUSSION QUESTIONS:

EVALUATION / ASSESSMENT:
Students will be evaluated based on thoughtful journal entries, active participation in class and group discussions, thorough research on their assigned state or president, thoughtful participation in jigsaw group discussions, and thoughtful completion of individually written work.

VOCABULARY:
assails, commute, legacy, indictment, clemency, meritorious, arbitrary, capricious, mockery, farce, reverberate, irrevocable, infallible, helm, moratorium, compel

EXTENSION ACTIVITIES:

  1. In the article, Pamela Stafford references “an eye for an eye” -- an ancient code of justice that originated in the Babylonian "Code of Hammurabi." Write a research paper explaining the significance of this ancient set of laws, and how it affected the development of the modern criminal justice system, focusing on the concept of “an eye for an eye.”
  2. Write a letter to your state’s governor expressing your opinion about the death penalty, the fairness of the justice system regarding death penalty cases, and the decision of Governor George Ryan. Be sure to either support or refute Governor Ryan’s decision, and give specific details and reasons to support your position.
  3. Create an illustrated timeline explaining Supreme Court Justice Harry A. Blackmun’s position on the death penalty, which lead him to say in 1994: “I no longer shall tinker with the machinery of death.” Be sure to include major decisions and opinions that Justice Blackmun had worked on during his career as a justice on the Supreme Court.

INTERDISCIPLINARY CONNECTIONS:
American History- Explore the tradition of the annual presidential pardon of the turkey on the eve of Thanksgiving. Write a brief history of how this tradition began and why the President of the United States continues this tradition each year.

Global History- In Governor George Ryan’s speech (excerpts), he quotes ex-South African president Nelson Mandela as saying, “Today the United States is not in league with most of our major allies: Europe, Canada, Mexico, most of South and Central America. These countries rejected the death penalty. We are partners in death with several third world countries. Even Russia has called a moratorium.” Write a research paper exploring when and how the death penalty was rejected in the continents and countries listed above. Examine the issues and key cases that led to the decision to outlaw the death penalty.

Media Studies

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The New York Times Company

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