The Audacity of Hope - Barack Obama [27]
The results of such an exercise can sometimes be surprising. The year that Democrats regained the majority in the Illinois state senate, I sponsored a bill to require the videotaping of interrogations and confessions in capital cases. While the evidence tells me that the death penalty does little to deter crime, I believe there are some crimes—mass murder, the rape and murder of a child—so heinous, so beyond the pale, that the community is justified in expressing the full measure of its outrage by meting out the ultimate punishment. On the other hand, the way capital cases were tried in Illinois at the time was so rife with error, questionable police tactics, racial bias, and shoddy lawyering that thirteen death row inmates had been exonerated and a Republican governor had decided to institute a moratorium on all executions.
Despite what appeared to be a death penalty system ripe for reform, few people gave my bill much chance of passing. The state prosecutors and police organizations were adamantly opposed, believing that videotaping would be expensive and cumbersome, and would hamstring their ability to close cases. Some who favored abolishing the death penalty feared that any efforts at reform would detract from their larger cause. My fellow legislators were skittish about appearing in any way to be soft on crime. And the newly elected Democratic governor had announced his opposition to videotaping of interrogations during the course of his campaign.
It would have been typical of today’s politics for each side to draw a line in the sand: for death penalty opponents to harp on racism and police misconduct and for law enforcement to suggest that my bill coddled criminals. Instead, over the course of several weeks, we convened sometimes daily meetings between prosecutors, public defenders, police organizations, and death penalty opponents, keeping our negotiations as much as possible out of the press.
Instead of focusing on the serious disagreements around the table, I talked about the common value that I believed everyone shared, regardless of how each of us might feel about the death penalty: that is, the basic principle that no innocent person should end up on death row, and that no person guilty of a capital offense should go free. When police representatives presented concrete problems with the bill’s design that would have impeded their investigations, we modified the bill. When police representatives offered to videotape only confessions, we held firm, pointing out that the whole purpose of the bill was to give the public confidence that confessions were obtained free of coercion. At the end of the process, the bill had the support of all the parties involved. It passed unanimously in the Illinois Senate and was signed into law.
Of course, this approach to policy making doesn’t always work. Sometimes, politicians and interest groups welcome conflict in pursuit of a broader ideological goal. Most antiabortion activists, for example, have openly discouraged legislative allies from even pursuing those compromise measures that would have significantly reduced the incidence of the procedure popularly known as partial-birth abortion, because the image the procedure evokes in the mind of the public has helped them win converts to their position.
And sometimes our ideological predispositions are just so fixed that we have trouble seeing the obvious. Once, while still in the Illinois Senate, I listened to a Republican colleague work himself into a lather over a proposed plan to provide school breakfasts to preschoolers. Such a plan, he insisted, would crush their spirit of self-reliance. I had to point out that not too many five-year-olds I knew were self-reliant, but children who spent their formative years too hungry to learn could very well end up being charges of the state.
Despite my best efforts, the bill still went down in defeat; Illinois preschoolers were temporarily saved from the debilitating effects of cereal and milk (a version of the bill would later pass). But my fellow legislator