If you thought the death penalty debate was getting
a little stale – that it seemed less like Dead
Man Walking and more like the grainy filmstrips on the Judicial Branch we
watched in high school civics – the latest developments may come as a mild
surprise.
Over the summer, several
North Carolina cities passed moratoriums on the death penalty, after an
epidemic of wrongful convictions urged them to reconsider the practice. Meanwhile, the folks at Raleigh’s Central
Prison are putting the death chamber on the same high rotation that Torquemada
gave the stake, scheduling three executions for the next month and a half.
Unless
the governor grants clemency for the first time in his tenure, one of these
short-order executions will go down later this week. Friday morning, Harvey Lee Green will emerge from a cramped
holding cell, shuffle past the witness room, and mount a gurney where an automated
syringe will explode potassium chloride into his vein with all the
impassiveness of a slaughterhouse worker braining a bull. Green is the first black man in North
Carolina to face execution since 1961, and, according to many opponents of
capital punishment, another example of the penalty’s arbitrary race bias.
North
Carolina has bucked the odds of executing a black person since lynch mobs still
roamed the South; even so, the death row population is a whopping 60%
minority. According to a recent report
by People of Faith Against the Death Penalty, a prisoner is also 4.4 times more
likely to join this elite group of prisoners if convicted of murdering a
Caucasian. Across the nation, about 82%
of the capital cases involve the homicide of White people, although most murder
victims are either Black or Hispanic.
Even if this racism isn’t
reason enough to reconsider this punishment, the death penalty also
disproportionately targets the poor, who lack the financial backing to launch
an OJ-style defense. By the ACLU’s
estimation, 90% of death row couldn’t afford an attorney at time of trial and
relied on a grab bag of public defenders who were better suited to challenge
speeding tickets than capital cases.
In
Green’s case, the sentence was, likewise, tainted with racism. During his jury selection, the prosecutor
removed 83% of the prospective black jurors and pulled only one of the white
candidates from the pool. According to
local defense attorneys, this dodgy practice is widespread at the DA’s office,
which allegedly has an unapologetic tendency to “remove black prospective
jurors because they were black.”
Beyond these disturbing
generalities about race, the damning particulars of Green’s case would have
mitigated a capital sentence in most murder trials. His crime was not premeditated.
Initially conceived as a robbery, it lapsed into a violent struggle only
after the heist was complete. Green
also copped a guilty plea before he was a suspect in the killing. And if that weren’t enough, the prosecution
refuses to disclose the files it kept on Green’s case, despite a state law
mandating their release in death penalty trials. Armed with the prosecutor’s pre-trial notes, Green’s defense
could unearth any misconduct that might have occurred during jury
selection.
Green admitted his
culpability in the crime he committed, but the history of capital punishment is
also peppered with many wrongful conviction claims. Since the turn of the century, 350 capital cases have involved innocent
people, and many of them received vindication only after the execution took
place.
Although Miranda and other landmark decisions
have given defendants a fighting chance at trial, murder convictions are often
extracted from the innocent, especially when an over-zealous prosecutor
embroiders the truth to pad his chances of winning. For instance, a prisoner named Charles Munsey was bumped from
North Carolina’s row when a superior court judge unraveled that the prosecutor
withheld exculpatory evidence during his trial. Munsey died in prison before he received another day in
court.
Prompted by a slue of
wrongful convictions that included Munsey’s imprisonment, the city of Carborro
recently passed one of the aforementioned moratoriums on capital
punishment. In Chapel Hill, a similar
resolution followed the Carborro measure, while a third is still in the
pipelines over in Durham. Other
moratoriums, including a resolution by the state of Nebraska, are surfacing
throughout the nation.
But even with the passage of
these precedent-setting resolutions, the US still lags behind most of the West
in delivering the KO to capital punishment.
Most European countries have either abolished the death penalty
altogether, or else they have reserved it for extreme cases like war crimes. The United States is one of five nations
grossing the majority of the world’s executions, and the rest of these boast
two-figure GNPs and tinpot dictators who never seem to outgrow their military
fatigues.