NC Legislature Must Not Interfere With Resumption of Death Penalty

North Carolina Supreme Court Sweeps Away Medical Board Objection!

May 6, 2009

NC NEWS -- A long-awaited North Carolina Court decision should allow the resumption of the death penalty, argue Republican Leaders of the N.C. General Assembly. The Court ruled Friday that the N.C. Medical Board cannot prevent doctors from participating in executions. This legal challenge by the Board has resulted in a de facto moratorium on executions since August 2006.

State law requires that physicians be present at all executions. The Court's decision swept away the authority claimed by the Medical Board to prohibit doctors from participating in executions. There are currently 163 inmates on death row awaiting execution. The last significant legal hurdle has now been resolved by the Supreme Court which should allow executions to resume. (Judge Donald Stephens is still deciding a related issue concerning the procedure of the Council of State.)

"We should now, without legislative interference, proceed with all deliberate speed to provide justice for those murder victims and their families," said House Republican Leader Paul Stam (R-Wake). "Justice delayed is justice denied far too long in allowing these sentences to be administered. In addition to the families of the victims of these 163 inmates, I believe that 75 innocent people were victims of homicide because of this de facto moratorium.

"The death penalty deters some, but not all murders. A moratorium almost guarantees criminals will not be deterred during a moratorium period. They might read the headlines but not the fine print. And district attorneys are unlikely to try capital cases during a moratorium period since the extra, considerable expense may well be for naught," said Stam.

"It is well past time to carry out the sentences of first degree murder for the violent criminals who have had their punishments stayed by this moratorium," said Senate Republican Leader Phil Berger (R-Rockingham). "That is the very least that can be done to ensure justice for dozens of victims and their families."

Professors Marchesini and Cloninger of the University of Houston found a 21 month court-imposed moratorium in Texas likely caused 90 additional homicides. Whether North Carolina experienced a similar "surge" in homicide during its three year moratorium is unknown due to confounding variables, but it is likely. If so, this would mean the "cost" of a moratorium in North Carolina would include around 25 additional innocent victims of homicide per year. House and Senate Republicans believe this is an unacceptable cost.

Attached are extracts of many studies on deterrence gathered by the Office of the Attorney General. These studies differ slightly on the numbers of additional homicide victims resulting from moratoriums, but they are the same order of magnitude.

"In view of the safeguards and the exhaustive state and federal court review of all death penalty cases, as well as the absence of any actual demonstration of real systemic problems in North Carolina resulting in the execution of the actually innocent, a moratorium on executions of murderers is unwarranted for the proper administration of justice," said Stam. "The de facto moratorium on the death penalty caused real harm, pain and suffering to the families of the innocent, to the loved ones of those who have been silenced by violent, premeditated murder."

The U.S. Supreme Court, in a decision of April 2008 ruled that lethal injections did not violate the "cruel and unusual" prohibition in the Constitution. This ruling could have allowed first degree murder sentences in North Carolina to be carried out. However, the challenge by the Medical Board further delayed justice for murder victims in our state.

House and Senate Republican Leaders say the General Assembly must not enact the so-called "Racial Justice Act", HB 472. and SB 461. This legislation would impose county-by-county quotas for the imposition of the death penalty. Today a defendant may argue and win a claim of racial discrimination. These bills do not change that. This legislation was considered during the previous legislative session, but was not adopted by the Senate.

Procedural Review is Extensive
Death sentences are already reviewed extensively by both state and federal courts, and ultimately by the Governor. On average, 8 to 15 years pass before executions are carried out in North Carolina. Capital cases are reviewed by 47 judges, state and federal, all looking at claims of error in the trial or claims of innocence.

Each convicted murderer already has an individual moratorium while their case is studied, and procedural protections are extensive:

Open-file discovery:
In 1996 the General Assembly provided capital defendants the right to complete post-conviction discovery of all files, and may use such discovery to claim the prosecution failed to disclose evidence the defendant believed to be important.

Innocence Protection Act:
In 2001, pre-trial and post-trial DNA testing was augmented to prevent the conviction of the innocent.

No Death Penalty for the Mentally Retarded: In 2001, the General Assembly prohibited the execution of mentally retarded defendants.

Prosecutorial discretion:
In 2001, prosecutors were granted authority to use discretion in deciding not to seek the death penalty. Ironically, proponents of a moratorium now point to the use of that discretion as an argument for a moratorium.

Additional representation:
Indigent defendants facing the death penalty are appointed two trial attorneys, and, since 1996, capital defendants are provided two attorneys in post-conviction hearings, all at taxpayer's expense.

Proportionality considered:
The Supreme Court of North Carolina reviews all death penalty cases on direct appeal for proportionality to other similar cases. On the other hand the Court does not have authority to reject a life sentence and make it capital. Proportionality review is a one-way street in favor of those sentenced to death.

The Innocence Inquiry Commission:
In 2006, the General Assembly created the Innocence Inquiry Commission to insure we provide every avenue of relief for those who claim to be factually innocent. "While I was pleased to be the Republican House floor leader for the 2006 Innocence Inquiry Act - Session Law 2006-184 - I reject any moratorium," said Stam.

Innocence claims are rare:
Of 43 convicts executed after North Carolina reinstated capital punishment in 1977, none had any credible claim of "actual innocence." Sixty-Five percent of those actually executed have been white, which puts a new light on the claim most were minorities.

Finally! Its about time North Carolina convicted killers who have received the death penalty are now cleared for execution in this state.