The Daily Tar Heel
Printing news. Raising hell. Since 1893.
Tuesday, May 21, 2024 Newsletters Latest print issue

We keep you informed.

Help us keep going. Donate Today.
The Daily Tar Heel

State leaders debate death penalty

A possible pause in executions in North Carolina for two years brings the promise of reform to some and seems unnecessary to others.

N.C. House Majority Leader Joe Hackney, D-Orange, has sponsored a bill that proposes a moratorium on capital punishment for two years. During this time, the legislature would conduct a study of the state’s death penalty system.

Sen. Ellie Kinnaird, D-Orange, introduced similar legislation in 2003. It passed the Senate but was not brought to a vote in the House.

Rep. Paul Luebke, D-Durham, is confident that the current moratorium bill, which he co-sponsored, will pass. He said that it is a bipartisan effort to give the legislature time to examine the results of the study and to possibly reform the system, and that it doesn’t seek to abolish the death penalty.

“(The bill) recognizes that a majority of North Carolinians want the death penalty but want (it) to be a fair process,” Luebke said. “This bill, with a two-year suspension and study, seeks a middle ground.”

Luebke said he wants reforms such as more competent defense lawyers who would fight for lesser jail time or life without parole. He also said juries are more likely to give the death penalty to minorities — a practice that should be stopped.

David Neal, co-founder and executive director of the Fair Trial Initiative, said he supports the these reforms. In addition, he wants to make sure innocent people, like Alan Gell, stay off death row.

Gell, sentenced to death in 1998, was acquitted of the 1995 murder of Allen Ray Jenkins last year after it was discovered that the prosecution withheld evidence that proved his innocence.

Neal also said that only the worst crimes should receive the harshest punishment.

But there is opposition to the bill. Sen. Hugh Webster, R-Alamance, said he is not in favor of a moratorium or a study.

“We have never, as far as I know, executed a person who is not guilty,” Webster said. “Alan Gell is living proof that the system works.”

Peg Dorer, director of the N.C. Conference of District Attorneys, also said there isn’t need for a study because the state has made improvements to the system, such as the post-conviction opening of prosecutors’ files.

In addition, she said that the reasons behind the survey only serve to misinform the public and that concern about exonerated prisoners has been blown out of proportion.

“I think that district attorneys in general have no opposition to someone’s moral opposition, but misinforming the general public is a disservice to all citizens of North Carolina,” Dorer said.

But Webster said the death penalty protects the rights of citizens.

“The state’s main obligation is to protect civilization from the lawless and to keep civilization from becoming lawless.”

Contact the State & National Editor at stntdesk@unc.edu.

To get the day's news and headlines in your inbox each morning, sign up for our email newsletters.

Special Print Edition
The Daily Tar Heel's 2024 Graduation Guide