Death penalty restrictions may relax

Although four capital trials were held this year in North Carolina, no new death sentences were imposed — but that could soon change.

The last execution in the state was carried out in 2006, but legal obstacles to the state’s use of the death penalty could be relaxed.

Rep. Paul Stam, R-Wake, said use of the death penalty has been a subject of litigation, which included the N.C. Medical Board’s claim that it was unethical for a doctor to participate in an execution.

He added that as soon as executions for those convicted of pre-meditated, deliberate murders with aggravating factors continue, the punishment will serve as a deterrent to future homicides.

But Peg Dorer, director of the N.C. Conference of District Attorneys, said the pursuit of the death penalty is a litigious and time-consuming process.

She said the families of the victims might not be willing to endure the lengthiness of such a trial when there is no guarantee of closure.

“Death penalty cases are going to be a 10- to 20-year process, and the death sentence might not be carried out,” she said.

Jim Woodall, district attorney for Orange and Chatham counties, said prosecutors now seek the death penalty in fewer cases.

“Juries are much more reluctant to impose the death penalty than they have been in the past,” he said.

Woodall said one reason for the decrease is the fear of wrongful convictions. Juries are also keenly aware of high profile exonerations, he added.

Elizabeth Koch, a staff attorney at the Center for Death Penalty Litigation, said juries presented with the option are rejecting the death sentence more often.

“I think it’s an indication of where juries are in terms of their willingness to impose death penalties,” she said.

She added that the 2001 creation of Indigent Defense Services, which provides a state attorney to defendants who cannot afford legal fees, ensured competence in attorneys appointed to capital cases.

The increase in quality of representation has allowed juries to form a more complete picture of the defendant’s background and why they committed the crime, she said.

“When you see the defendant as a human being, it’s much harder to impose the death penalty,” she said.

Dorer said ultimately the decision rests with those on the jury, and for a death sentence, it must be unanimous.

“As has always been the case, jurors are not quick to sentence someone to death,” she said.

Woodall said even though public opinion might favor the death penalty as an option, a jury will look more deeply at the issue.

He added that there should be a definitive answer from legislators about the death penalty in N.C.

“I would like to see the state legislature make a decision that they’re going to stand up and be counted,” he said.

Contact the desk editor at state@dailytarheel.com.