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By Jerry Moore, jmoore@mysuburbanlife.com
Posted Nov 19, 2009 @ 12:54 PM

There’s no getting around the fact that Brian Dugan is a prime candidate for the death penalty.

To rape and murder a 10-year-old girl is beyond comprehension. Regardless of what troubling thoughts haunted Dugan’s mind, unleashing his fury on Jeanine Nicarico of Naperville was pure evil.

Last week when they sentenced him to death, DuPage County jurors knew that Dugan had previously pleaded guilty to two other rape-murders. It’s horrifying to know that his viciousness was the last thing these victims experienced before they died.

I understand why jurors voted to carry out capital punishment. If death isn’t a just penalty for someone like Dugan, when would it be appropriate?

The prior convictions of two men for Nicarico’s murder in 1983 however, cloud this issue. One aspect of the story presents a monster who eagerly took the lives of three victims. The other aspect portrays a bungled investigation that sent two innocent men to death row before they were exonerated.

In debating whether we should abolish capital punishment, it’s important to decide which aspect of this story dominates — the psychopath who deserves the ultimate punishment or the wrongful conviction of two men. Is it better for us to enhance public safety by eliminating society’s most serious threats or to protect civil liberties by making sure innocent people are never put to death?

It’s not a simple matter to resolve. Some opponents of the death penalty say wrongfully convicted people may be killed if we continue capital punishment. But proponents can counter that innocent victims could be murdered at the hands of killers if capital punishment is abolished.

We seem to be dangling between both sides in Illinois. The moratorium on capital punishment ensures that nobody will be put to death.

Dugan’s case demonstrates that juries still have the option of voting for the death penalty. The moratorium could be lifted by the next governor.

I cringe that the power over life and death hangs on the political whims of an election. But that’s the system we have, for good or ill.

Jerry Moore is the opinions editor for Suburban Life Publications. Contact him at (630) 368-8930 or jmoore@mysuburbanlife.com. His blog, Suburban Shoutout, can be found at blogs.mysuburbanlife.com/jerry-moore.

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