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The Issues: Death Penalty
In his 2006 autobiography "The Audacity of Hope" Obama stated:

"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." [1]

This is consisitent with his position in his 2004 Senate race, when he declared:

"I believe the death penalty is appropriate in certain circumstances. There are extraordinarily heinous crimes — terrorism, the harm of children — in which it may be appropriate."

Video here:


Remaining consistent with this position, Obama disagreed with the Supreme Court's June 2008 decision (Kennedy v. Louisiana) to outlaw the executions of people who rape young children:

"I have said repeatedly that I think that the death penalty should be applied in very narrow circumstances for the most egregious of crimes. I think that the rape of a small child, 6 or 8 years old, is a heinous crime and if a state makes a decision that under narrow, limited, well-defined circumstances the death penalty is at least potentially applicable, that that does not violate our Constitution." [2]

In his autobiography Obama discussed his push as a state senator for mandatory taping of interrogations and confessions in capital cases:

"In the Illinois Senate, I sponsored a bill to require videotaping of interrogations and confessions in capital cases [after the] governor had instituted a moratorium on all executions. In negotiating the bill, I talked about the common value that I believed everyone shared--that no innocent person should end up on death row, and that no person guilty of a capital offense should go free. At the end of the process, the bill had the support of all the parties involved, and it passed unanimously." [1]

More details, from the Washington Post:

In proposing changes, Obama met repeatedly with officials and advocates on all sides. He nudged and cajoled colleagues fearful of being branded soft on crime, as well as death-penalty opponents worried that any reform would weaken efforts to abolish capital punishment.

Obama's signature effort was a push for mandatory taping of interrogations and confessions. It was opposed by prosecutors, police organizations and [then-Governor] Democrat Rod Blagojevich, who said it would impede investigators.

Working under the belief that no innocent defendant should end up on death row and no guilty one should go free, Obama helped get the bill approved by the Senate on a 58 to 0 vote. When Blagojevich reversed his position and signed it, Illinois became the first state to require taping by statute.

"Obviously, we didn't agree all the time, but he would always take suggestions when they were logical, and he was willing to listen to our point of view. And he offered his opinions in a lawyerly way," said Carl Hawkinson, the retired Republican chairman of the Judiciary Committee. "When he spoke on the floor of the Senate, he spoke out of conviction. You knew that, whether you agreed with him or disagreed with him." [3]

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[1] Obama, Barack. The Audacity of Hope Crown Publishers, 2006, p 57-9.

[2] MSNBC News Services. McCain, Obama disagree with child rape ruling. June. 26, 2008.

[3] Slevin, Peter. Obama Forged Political Mettle In Illinois Capitol. Washington Post. February 9, 2007.


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