eyewitness testimony obtained through any procedure that is "unnecessarily suggestive."
That precedent that was set in the capital case of Stovall v. Denno (388 U.S. 293 1967), but was later altered in Manson v. Brathwaite (432 U.S. 98 1977).
"I propose," Koosed said, "that unless the police have used the most reliable means of identification available to them, out-of-court identifications can't be used. Further, why aren't we recording the identification procedures?"
As legal scholars are concerned that the wrong people may receive death sentences, so are the jurors charged with reaching the decisions.
Koosed's research shows lingering doubt about a defendant's guilt is a key reason why many jurors vote for a life sentence. A 1988 Florida study revealed that 69 percent of sentencing jurors have done that.
Koosed wants a greater standard of proof to be mandated, one that goes beyond a reasonable doubt. Echoing a mandate proposed by the American Law Institute in 1962, she said there should be "proof beyond all or any doubt" to convict a capital defendant.
"I know this won't take care of everybody," Koosed said, "but it will take care of some of these cases where . . . some jurors thought there was a question about proof beyond a reasonable doubt."
She proposed that sentencing judges be compelled to impose life instead of death when doubt persists. "It is not a new idea," she wrote, "but it is an idea whose time has now come. We cannot foster respect for the law, and deterrence from wrongdoing, when members of the public see the state itself as a killer of innocents."
Koosed noted that death-sentencing states haven't adopted the proposed model penal code that requires a judge to determine whether the evidence eliminates all doubt concerning guilt at the end of the trial phase, or before the penalty phase.
Although Koosed sees this proposal as worthwhile, she prefers giving jurors first-say in whether the evidence eliminates all doubt. "The judge can then make a de novo, independent determination, as an additional check on wrongful execution," she wrote.
Koosed also talked about adding residual doubt as a requirement for consideration during sentencing and appellate review. "You at least want the jury to understand and appreciate that they are supposed to consider residual doubt in deciding sentences," she said.
"How can we tell jurors nothing about the ability to consider the thing they find the most telling?"
Former federal judge Frank McGarr will chair Gov. George Ryan's 14-member Commission on Capital Punishment. Co-chairs are retired senator Paul Simon and former U.S. attorney Thomas Sullivan.
Commission members include Cook County public defender Rita A. Fry, state appellate defender Theodore Gottfried, Lake County State's Attorney Michael J. Waller and Montgomery County State's Attorney Kathryn Dobrinic.
Others are attorneys Scott Turow, William J. Martin, Donald Hubert and Andrea Zopp; Tom Needham, chief of staff for the Chicago police superintendent, and Roberto Ramirez, president of Tidy International.
Matthew Bettenhausen, deputy governor for criminal justice and public safety, is executive director, and William Webster, retired chief of the Federal Bureau of Investigation, is a special adviser.
ISBA cable programs set for broadcast
Two new Illinois State Bar Association cable television programs on mental health law are scheduled for viewing at 10 p.m. Tuesday night during May on Chicago Access Channel 21.
"Mental Health and the Law, Part I," will air May 2, 16 and 30 as part of the ongoing ISBA series. "Mental Health and the Law, Part II," will be shown May 9 and 23.
Panel moderator is David H. Levy of the Special Committee on Cable Television Programming. Participants are Joseph T. Monahan, secretary of the Committee on Mental Health Law; Cook County Judge Marsha Duminie Hayes and Lori G. Levin, both members of the committee.
ISBA cable programs on criminal justice are being aired at 10 p.m. each Tuesday during April.
Niro to tell bar leaders how ISBA can assist
ISBA President Cheryl I. Niro of Chicago will speak on "What the Illinois State Bar Association Can Do for Your Bar Association" during the ISBA Bar Leadership Conference on Saturday, June 10, at the Wyndham Chicago Hotel.
The ISBA Committee on Membership and Bar Activities developed the conference, which will be opened at 8:15 a.m. by committee chair Christopher G. Perrin of Springfield, and conference co-chairs David B. Sosin of Palos Heights and Lynn E. Patton of Springfield.
The conference facilitator, Robert Shaver of the University of Wisconsin School of Business will discuss issues related to "Leading Your Association: A Personal Approach to Leadership" from 8:30 to 10:30 a.m.
Four workshops on typical concerns of bar associations of all sizes will be conducted from 10:45 to 11:45 a.m. The topics are Web Site Development; Non-Dues Income; Membership: What's a Bar Association Without It?; Public Image of the Profession.
Cheryl Niro's keynote speech will take place during the 12 noon luncheon sponsored by the ISBA Mutual Insurance Co.
From 1:30 to 2:45 p.m., three workshops will focus on the operation of different sizes of bar associations. They are Larger Bar Associations (175-plus members), Smaller Bar Associations, Specialty Bar Associations.
From 3 to 4 p.m., four workshops will conclude the conference. They include Web Site Development, a repeat of the 10:45 a.m. presentation. Others are Refining Duties: Responsibilities of Association Officers; How Your Bar Association Can Get Involved in Issues Affecting the Legal Profession ; How to Revitalize Your Bar Association: Shock Treatment for Stagnation .
The conference will be preceded Friday, June 9, by a 1 p.m. golf outing on the nine-hole Family Golf Center course, a 6 p.m. reception in the hotel, and a 7:30 p.m. party at the Rock Bottom Brewery.
The reception will be sponsored by Attorneys' Title Guaranty Fund, and the party by MBNA America, the ISBA's MasterCard administrator. Continental breakfast at 7:30 a.m. Saturday will be provided by DRIASI, the ISBA insurance program administrator.
For more information, call the ISBA Membership Services Department, (800) 252-8908.
More Law Ed Series seminars listed
Remaining seminars in the ISBA Law Ed Series follow. See pages 12 to 14 for additional information and registration details.
Monday-Tuesday, April 17-18 "Real Estate Taxation in the New Millennium," State and Local Taxation Section; Bank One Auditorium, Chicago.
Tuesday, April 25, 9 a.m.-4:15 p.m. "Crises Conflict: Legal Issues in Preparing for and Responding to School Violence," Education Law Section; Hotel Allegro, Chicago (see story on page 1).
Friday, May 5 "A General Practitioner's Look at Termination of Parental Rights, Adoptions and Alternatives to Adoption," Juvenile Justice and General Practice, Solo and Small Firm Sections; ISBA Chicago Regional Office.
Friday, May 12 (morning) "Business Law and Technology: How to Be More Effective and Make More Money," Corporation, Securities and Business Law Section; ISBA Chicago Regional Office.
Friday, May 12 (morning) "Electronic Commerce Law: Navigating the Web of Virtual Commerce," Commercial, Banking and Bankruptcy Law Section; Radisson Hotel, Bloomington.
Thursday, May 18 "An Update for Tort and Insurance Litigators," Tort Law and Insurance Law Sections; ISBA Chicago Regional Office.
'Women Everywhere' a day of community service
13 agencies will benefit from work of volunteers
The steering committee for "Women Everywhere: Partners in Service," a Chicago-area celebration scheduled for Friday, May 19, has selected 13 service agencies where volunteers will work that day.
Sponsoring organizations include the ISBA Committee on Women and the Law, the Women's Bar Association of Illinois, the Black Women Lawyers Association, the Chicago Bar Association Alliance for Women and CBA Young Lawyers Section Women in the Law Committee.
The ISBA committee will conduct a seminar May 19 on "The Impact of Domestic Violence" from 12 noon to 2 p.m. in the secretary of state's courtroom on the 10th floor of the James R. Thompson Center.
A press conference is scheduled at 9 a.m. Wednesday, May 17, on the fifth floor of the Richard J. Daley Center to promote "Women Everywhere" activities. Several city, county and judicial officials will participate.
Throughout the day of May 19, women lawyers will join male colleagues and non-attorneys in supporting community service agencies that are committed to ending violence against women and helping them achieve economic independence.
More than 150 volunteers have agreed to assist women and children served by the 13 selected agencies. Large law firms that will support the project include Winston & Strawn, which has "adopted" the Rainbow House for its effort.
"Women Everywhere" activities will include public education programs, seminars, mentoring, legal assistance training, and direct services such as painting and gardening.
To volunteer or to obtain more information, call ISBA Assembly member Paula Holderman, chair of the Committee on Women and the Law, at (312) 603-6128, or Jill P. O'Brien at (312) 467-9800. The selected agencies are:
A Sporting Chance Foundation provides and promotes sports and fitness, self-esteem, leadership skills and academic excellence for girls of ages 7 to 18. Volunteers will paint and garden at the west side community center.
Apna Ghar is a domestic violence shelter primarily for South Asian women and children who need protection and an opportunity to establish dignity and self respect. Volunteers will conduct a question-and-answer forum on legal issues.
Boys and Girls Clubs of Chicago Girls to Women Initiative conducts gender equity education for staff members, and conducts career-path programs and other activities for girls of ages 8 to 17. Volunteers will participate in a career fair.
Chicago Abused Women Coalition provides safe refuge, support services and independent living facilities, as well as education and advocacy initiatives. Volunteers will paint and garden at the Greenhouse Shelter.
Deborah's Place serves homeless single women, providing food, shelter and support services. Volunteers will do cleaning work, prepare and serve meals.
Family Rescue helps abused women and children begin a healing process, and offers shelter and advocacy. Volunteers will plant flowers and do other tasks.
Grateful House provides a residential program free from alcohol and drugs for women in treatment programs who are able to work. Volunteers will hold informal seminars on family law issues.
Rainbow House provides shelter, outreach and violence prevention services to individuals and families. Volunteers will conduct mock interviewing, serve meals and sort donated items.
Sarah's Circle is a drop-in center that welcomes low-income homeless or transient women, and provides, food, shelter, clothing and recreational activities. Volunteers will prepare meals, collect and sort donations, and do maintenance work.
Southwest Women Working Together helps women and children address life-crisis issues, set goals and achieve self-determination in housing and employment. Volunteers will paint, hold informal seminars and lead children's activities.
Women in Need Growing Stronger (WINGS) is a comprehensive transitional living program for women and children that offers education, guidance and support. Volunteers will conduct seminars and assist with spring cleaning.
Women Employed emp[owers women to work together to improve economic status and remove barriers to equity through advocacy, education and direct service. Volunteers will conduct mock interviewing.
ADR executive is speaker for doctor-lawyer dinner
Nancy L. Shalowitz, the first full-time executive director of Judicial Dispute Resolution Inc. in Chicago, will be the keynote speaker Tuesday, April 18, for the annual joint dinner of the Lake County Bar Association and the Lake County Medical Society.
Shalowitz will speak on "Alternative Dispute Resolution in Health Care: Is It a Viable Alternative?" during the dinner at the Forge Club in Vernon Hills. A Deerfield resident, she is a member of the Lake County Bar.
She will explain how ADR is being used to negotiate contracts, facilitate consensus, and resolve conflicts in managed care disputes, advanced directive and life-sustaining decisions, and patient ombudsman matters.
A graduate of the DePaul University College of Law, Shalowitz concentrated in health care, corporate, real estate and employment law. She also has a master's degree in health administration and planning, and 10 years of experience as a health care executive in outpatient facilities and hospitals.
In 1997, she joined the adjunct faculty at DePaul, where she teaches courses in health care contracts, issues in health law applications, and medical malpractice.
Shalowitz is a past secretary and treasurer of the Chicago Health Executives Forum and a member of the Illinois Association of Healthcare Attorneys. She is co-author of a supplement on joint ventures, mergers and acquisitions for the IICLE Health Care Law Handbook.
At Judicial Dispute Resolution, Shalowitz will oversee the administration and marketing of a panel of neutrals, consisting of former judges and legal professionals, who have extensive experience in alternative methods of settling disputes without the expense and time of going to court.
The organization was established in October 1997 by William R. Quinlan of Quinlan & Crisham, Chicago, a former ISBA board member and appellate justice who serves as JDR board chair. ISBA President Cheryl I. Niro was appointed JDR president in June 1999.
For information about Judicial Dispute Resolution, call Shalowitz at (312) 917-8854.