RALEIGH, N.C. — North Carolina has long been considered a pro-death penalty state, but a first-of-its-kind poll found voters overwhelmingly believe the death penalty is error-prone and racially biased. And a majority say it should be replaced with alternative punishments.
David Weiss is a capital defense attorney at the Center for Death Penalty Litigation. He said the poll findings reflect a trend of public concern over sentencing people to death.
"And so we're seeing on the ground that the death penalty is just not really being used anymore, and I think this poll tells us why,” Weiss said. “It's because the people of North Carolina don't support it anymore."
Public Policy Polling interviewed more than 500 voters across the state, and 70 percent believe it is likely that an innocent person has been executed in North Carolina. North Carolina juries have sent one person to death row since 2014.
Weiss said lawmakers and the court system should seriously consider this poll since 61 percent of respondents said they believed the courts should re-examine the death sentences of prisoners who were tried before a series of legal reforms were enacted. That’s more than 131 individuals.
Weiss said cases filed under the state's Racial Justice Act, which uncovered evidence of statewide race discrimination in capital cases, are expected to be argued later this year.
Five people who were sentenced to death in North Carolina have been exonerated in recent years. And, Weiss said more than two dozen others have been removed from death row after the courts found serious errors in their cases, and that black jurors often were removed from the pool in capital cases.
"It's evidence that we need to face as a state and it's evidence we need to face in the courts,” he said. “And I think this poll, in part, tells policymakers, tells the courts, that this is a matter of real public concern in North Carolina."
The poll also showed that when voters considered a range of alternatives to the death penalty, including restitution to victims' families, only 25 percent of those interviewed favored the death penalty.
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Today, advocates in North Carolina are kicking off a 136-mile "Walk for Commutation" to raise awareness about those on death row who could soon face execution.
Organized by the North Carolina Coalition for Alternatives to the Death Penalty, the walk is part of a larger push that calls on Gov. Roy Cooper to commute the death sentences before he leaves office.
Noel Nickle, executive director of the North Carolina Coalition for Alternatives to the Death Penalty, stresses the urgency as the state prepares for a change in leadership.
"There's really no denying the racism of the death penalty," Nickle explained. "There's also no denying that death sentences have dramatically decreased. Most people on death row were sentenced more than 20 years ago. People are aging. They are no longer, if they ever were, a threat to our communities. We know that the death penalty doesn't keep us safe."
North Carolina has not executed anyone since 2006, but concerns are growing that the state may follow South Carolina's recent decision to restart executions after a 13-year pause.
Nickle called attention to the racial and geographic disparities in death penalty cases. She explained that 60% of the people on death row are Black despite them making up a smaller share of the state population, and added that being put on death row can sometimes depend on where you live.
"For example, we'll be walking through Chapel Hill and Durham as well where there's no one on death row and where the district attorneys have said -- in fact, they were elected on a platform of not seeking the death penalty," she said.
Nickle added the coalition's goal is to spark a statewide conversation about the death penalty's flaws and the urgent need for reform. The walk will begin outside of the Forsyth County Courthouse and conclude on Oct. 10, which is World Day Against the Death Penalty.
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A new report examines bail reform and its potential impact in North Carolina and nationwide.
Advocates said bail reform aims to remove the influence of money from decisions about releasing defendants awaiting trial, focusing on factors such as the likelihood of returning to court and potential threats to the community.
Ames Grawert, senior counsel at the Brennan Center for Justice and the report's co-author, said despite critics linking bail reform to rising crime during the pandemic, data show no direct connection between the two. Instead, he noted moving away from cash bail could pave the way for a fairer justice system.
"People who are Latino or Black and accused of crimes, their bail amounts tend to be set higher," Grawert pointed out. "This can be a huge burden to those communities because even if someone is able to secure a bond, like a bail bond, rather than pay the amount of money required by the court outright, those bonds can often come with very high nonrefundable fees."
Grawert noted it can trap people in a cycle of debt or prolonged pretrial detention simply because they cannot afford the costs. The report showed even when given the option to pay bail, only 33% of Latinos are able to afford it.
The study also highlighted how bail reform could help reduce the collateral damage of incarceration, which often limits access to essential services and increases the likelihood of recidivism.
Grawert observed states like New York have already seen success with its bail reform efforts.
"These sorts of pretrial supervision services can be very successful in helping reduce unnecessary pretrial detention while preserving public safety," Grawert contended. "The catch is they have to be adequately funded. They have to have professional staff, and that can't be taken for granted."
The report urged policymakers to invest in alternatives to cash bail and provide support for pretrial services like supervision programs as well as increased access to mental health and substance abuse treatment.
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A new report finds using computer tablets in prisons in Connecticut and nationwide isn't filling the void of books.
The Prison Policy Initiative report notes more states provide access to tablets for prisoners. In 2019, only 12 states allowed them - now, 48 do.
But tablet use is increasing at a time when accessing physical books is a challenge due to bans.
Connecticut has close to 2,500 titles on its banned list, though some deemed explicit include medical books.
Wanda Bertram, communications strategist with the Prison Policy Initiative, said these devices make blanket book bans easier to impose.
"Someone who is eager to learn and to read books to escape the world that they're living in, is not going to find a ton on tablets that's going to be that stimulating for them," said Bertram. "The books that are offered on tablets don't seem to be filling the void that's left when prisons choose to restrict access to physical reading."
A PEN America survey finds 84% of prisons have implemented 'content neutral' book bans.
This means instead of being able to directly send an incarcerated person a book, friends and family members have to choose a title from a prison-approved vendor.
Experts say limiting literature can be counterintuitive for prisons. Studies show increased literacy rates, reading, and education programs in prison are key to reducing recidivism and reincarceration.
Pandemic-induced staff shortages are lingering in prisons, which also has led to library services being restricted or cut entirely.
Bertram said she thinks books are critical for people behind bars, noting they can aid with mental health or allow people to plan for life after incarceration.
She said prisons can ensure incarcerated people's access to books.
"Not only are libraries a valuable resource when it comes to just allowing people to read, they're also valuable as a place where people can meet and talk to each other," said Bertram. "Some of the most impactful peer-to-peer or incarcerated people-led programs that have come up in prisons originated in libraries."
While she said she wants to be more optimistic, the growth of computer tablet use is coming at the cost of accessing physical books.
A 2023 Marshall Project review finds state prisons explicitly banned over 50,000 books.
At the same time, 23 states, Washington, D.C., and the Federal Bureau of Prisons say they evaluate books on a case-by-case basis - but use vague rules and have little oversight.
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