By Michelle Goryn
Kenneth Lee Boyd died by lethal injection at 2:15 a.m. on the morning of December 2, 2005, right here in Raleigh. Though hundreds of inmates on death row have been executed in the United States, Boyd’s death was particularly noteworthy. He became the 1000th execution since the death penalty was reinstated in the United States in 1977. This is a milestone indeed, both for our state and the nation. But, according to Boyd’s attorney, Thomas Maher, "If this 1,000th execution is a milestone, it's a milestone we should all be ashamed of."
I agree with Maher, though I’m not sure whether we should be more ashamed that we continue to be the only developed, western country that implements the death penalty (we’re currently in the company of notorious abusers of human rights like Iran, Saudi Arabia and China), or that we are spending excessive amounts of money on a practice that is neither 100% infallible, nor effective in reducing crime.
If there is a better way to punish convicted murderers that is not only morally and constitutionally sound, but also fiscally responsible, then it is our duty to explore this alternative.
North Carolina spends more per execution than it does on a non-death penalty case. One of the most comprehensive death penalty studies in the country found that the death penalty costs North Carolina $2.16 million more per execution than a non-death penalty murder case with a sentence of life imprisonment. (This study, conducted by The Terry Sanford Institute of Public Policy at Duke University, can be found at http://www-pps.aas.duke.edu/people/faculty/cook/comnc.pdf.)
Additionally, there is no hard and fast evidence supporting the notion that the death penalty reduces crime in the United States. In fact, there is evidence to the contrary. According to the FBI's Preliminary Uniform Crime Report for 2002, the murder rate in the southeastern United States increased by 2.1% while the murder rate in the northeastern United States decreased by almost 5%. The South accounts for 82% of all executions since 1977 while the Northeast accounts for less than 1%.
Kenneth Lee Boyd was not innocent. He readily admits to killing his estranged wife and her father in front of his own children. However, innocent people have been put to death in this country in the past. It does not occur every day, but it does occur. For this very reason, the practice of capital punishment is a breach in our justice system. In North Carolina, 39 people have been executed since reinstatement in 1977 and 784 executions occurred before that year.
Of all those executed in North Carolina, only 5 have been exonerated (according to the Death Penalty Information Center). But it is only in recent years that some cases have been reopened due to technological advances, such as DNA testing, which can provide concrete evidence to assure the conviction or to exonerate the defendant. This suggests that some undeserving people have died for crimes they did not commit.
In 2004, the North Carolina Senate passed legislation that would have temporarily halted executions while a death penalty study was conducted, but the measure failed to pass the House. A new House Select Study Committee on Capital Punishment is scheduled to meet for the first time on December 19 to begin studying issues related to the accuracy and fairness of North Carolina's death penalty. The panel's recommendations will be considered by the General Assembly when it reconvenes in May.
Here in our own state, 65% of North Carolinians favor a moratorium on the death penalty until questions about its accuracy and fairness can be studied, according to a recent Hart Research poll sponsored by the North Carolina Academy of Trial Lawyers. The poll found that even 43% of those considering themselves strong supporters of the death penalty would favor its suspension while more research is done. Further, 90% of those against capital punishment and 64% of those in favor of it would like to see proof that death row inmates have received access to competent legal counsel and evidence that might demonstrate their innocence, such as DNA. A majority of both Republicans and Democrats favor a temporary moratorium. The death penalty is no longer a partisan issue.
Fervent debate consistently surrounds the cost, effectiveness and morality of maintaining capital punishment. Critics claim that executions are inconsistent, but more crucially, that they violate the Eighth Amendment’s Cruel and Unusual Punishment clause, despite arguments that this clause was not intended to prohibit executions. But the most important point is that if there is even the smallest chance of error, a serious reexamination of the use of an ultimately irreversible sentence is certainly warranted. In addition, it could save us a significant amount of money.
Scott Turow, author of “Ultimate Punishment: A Lawyer’s Reflections on Dealing with the Death Penalty” (based on his experience as a member of Illinois Governor George Ryan’s Commission on Capital Punishment investigating the administration of the death penalty), suspects that capital punishment will one day be abolished in this country. With the increasing number of conservatives doubting its efficiency, at least a moratorium in North Carolina may be just on the horizon.
Michelle Goryn is a policy intern at the Institute for Emerging Issues