Articles
Death Penalty Moratorium
By: Paul Stam, Representative of the 37th District
October 24, 2006
On Sunday at 4:30 p.m. “Black Issues Forum” will feature Representative Stam debating the proposed moratorium on the death penalty. His written statement, given to his House and Senate Colleagues is below. Rep. Stam was pleased to be the Republican House floor leader for the 2006 Innocence Inquiry Act (Session Law 2006-184) – but he rejects a moratorium.
No Moratorium on the Death Penalty
One of the most important duties of any government is the suppression of premeditated murder. I believe the death penalty is the appropriate way to deter murder while vindicating and reaffirming the ultimate high value that we place on the life of the innocent victim.Moratorium: Death cases are reviewed extensively by state and federal courts, and ultimately by the Governor. 8-15 years pass before execution. The case is reviewed by 47 judges, state and federal, all looking at claims of error in the trial or claims of innocence. Each murderer already has an individual moratorium while the case is studied.
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 that 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 the 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 have two attorneys in post-conviction hearings, all at state 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 the authority to reject a life sentence and make it capital. Proportionality review is a one-way street in favor of those sentenced to death.
Innocence Inquiry Commission: In 2006 the General Assembly created the Innocence Inquiry Commission to make sure that we provide every avenue of relief for those who claim to be factually innocent.
Innocence Claims are Rare: Of the 43 defendants who have been executed since capital punishment was reinstated in North Carolina in 1977, none had a credible claim of "actual innocence." 65% of those actually executed have been white, which puts a new light on the often repeated claim that most are minorities.
Deterrence: Whether or not the death penalty deters murder is debated. I believe it deters some, but not all, murders. No state actually executes enough murderers that a prospective gunman can anticipate an execution if he or she pulls that trigger. But a moratorium almost guarantees that criminals will not be deterred during a moratorium period. They might read the headlines, not the fine print. And district attorneys are unlikely to try capital cases during the moratorium period since the extra and considerable expense may well be for naught.
Professors Marchesini and Cloninger of the University of Houston found that a 21 month court-imposed moratorium in Texas probably caused 90 additional homicides. Whether North Carolina would experience a similar surge in homicide during the two-year period of a moratorium is unknowable but probable. If so that would mean that the “cost” of a two year moratorium in North Carolina would include about 50 additional innocent victims of homicide, an unacceptable cost to me.
Conclusion
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 showing of 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. It could cause real harm to families who lose loved ones. I will vote no.Representative Paul Stam
P.O. Box 1600
Apex, NC 27502
Tel: 919-362-8873
Email: pauls@ncleg.net
The writer represents Southern Wake County in the North Carolina House of Representatives.
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