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17 Ohio St. J. Crim. L. 77 (2019-2020)
From Proponent to Opponent: My Lifelong Struggle with the Death Penalty

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  From Proponent to Opponent: My Lifelong Struggle
                      with the Death Penalty


                                Jim Petro*

     I have a long history with the death penalty. As a young attorney with an
 interest in politics in the mid-1970s, I could never have anticipated that over the
 course of my career I would inadvertently, and frequently, interface with the death
 penalty, or that I would evolve from a proponent to an opponent. My changing
 views would parallel diminishing national support for state-sponsored death, in
 part, because new understandings challenged every claimed benefit of capital
 punishment.
     Unlike most people, I not only observed the changed death penalty debate, I
 was directly engaged: first as a legislator involved in the reconstitution of the
 modern death penalty in Ohio, later as an official overseer of the execution of 19
 men, and still later as a stunned student of startling new truths revealed by DNA.
     My support for capital punishment dwindled in part as my understanding of
wrongful convictions grew.  DNA-proven wrongful convictions shook the
foundations of my beliefs about our criminal justice system. Wrongful conviction
became the subject of a book I co-wrote with my wife, Nancy Petro: False
Justice-Eight Myths that Convict the Innocent.
     Nancy and I did not want to include a discussion of the death penalty in this
effort to explore flawed justice. Our good friend, Mark Godsey, esteemed law
professor at the University of Cincinnati College of Law and co-founder and
Director of the Ohio Innocence Project, reviewed our manuscript and wisely
recommended: You have to discuss the death penalty. It is inextricably bound to
wrongful conviction, he said. Your readers will want to know how you
reconcile the two.
     He was right.

                         I. THE FIRST FORTY YEARS

     The evolution of my struggle with the death penalty through my personal
experiences-from Ohio legislator, to Ohio Attorney General, to Innocence Pro
Bono lawyer-is best shared from pertinent passages in False Justice, with some
updates to the revised edition published in 2015 by Routledge. Throughout this
paper, excerpts from the book are indicated in italics.1


       Former Attorney General of Ohio, 2003-07
       JIM PETRO & NANCY PETRO, FALSE JUSTICE; EIGHT MYTHS THAT CoNvIcr THE INNOCENT
(Routledge rev. ed. 2015) (2010).

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