Orange County NC Website
FROM : PFADP <br />FAX N0. :,919 933 5611 Sep. 28 1999 02: 29PM P4 <br />North Carolina Voices for a Moratorium on Executions 5 <br />"[The] insightful dialogue by legislators, lawyers, and professors [held at UNC- Chapel Hill in 1998 and contained in the book <br />Unjust in the Much: The Death Penalty in North Carolina] amply justifies the American Bar Association's call for a moratorium <br />on the death penalty in North Carolina. It is simply not fair and it doesn't even work. " -- Dean Smith, Coach Emeritus, UNC -CH <br />"I think a moratorium is... appropriate.... I am not an absolutist on the death penalty, but I believe the way it's being applied is <br />often very uncertain and very unfair and not to mention racist and hits people who are poor." <br />— Allen Spault, Carrboro Board of Aldernwn <br />' l7cgardless of whether you think the death penalty acts as a deterrent or not, which I don't think it dots, since the risk of <br />human error is so great I really appreciate what (moratorium proponents) are doing." <br />— Jacqueline Gist, Carrboro Board of Aldermen <br />"I support wholeheartedly the ... call for a moratorium on the death penalty.... First, although the penalty is occasionally <br />'deserved,' it is unevenly, even whimsically, applied. Second, when it is mistakenly imposed upon an innocent person, the miscar- <br />riage has no possibility of cure or amelioration." — Paul Hardin, Chancellor Emeritus, UNC - Chapel Hill <br />"The death penalty discriminates against poor people, non-white people, and all those who do not have the resources or <br />understanding to demand their proper rights under existing law.... It doesn't even work." —Lee Smith, Author, Hillsborough <br />"In spite of our courts and our legislature [trying to] eliminate arbitrariness, if you're a person of means in this state you <br />simply will not be sentenced to death no matter what you do.... The death penalty is reserved for the poor... (anti) most of the time <br />it is reserved for people who are not from the community in which they are tried.... Because they are not of the community it's <br />very easy to pass them as inhuman, something other than human, not one of us." <br />— Marshall Dayan, Attorney, Schley, N.C. (Orange County) <br />"I have many problems with the death penalty: the finality of inevitable mistakes, the often unfair administration of justice, <br />the uneven access to legal expertise...... — Christopher C. Fordhain, III, Chancellor Emeritus, UNC- Chapel Hill <br />"We're proud that our two home communities have the courage... to stand up against injustice. We're also proud that a <br />Chapel -Hill -based group, People of Faith Against the Death Penalty, is leading the moratorium effort in this state. Roses... to State <br />Sen. Ellie Xitmaird, who introduced moratorium legislation in the Senate." — The Chapet Hill News (June 18, 1999) <br />"Whether we have a death penalty or not should depend on the informed citizen's judgment rather than the citizenry that's in <br />the dark about it, a citizenry that has capital punishment that is exercised at two in the morning and run in margins and in the <br />hallways of the court house in the dark shadows. Given the principles of our nation, held by people who feel strongly in favor of <br />capital punishment, this system is indecent. This system is unacceptable." -- Lou Bilionis, Professor of Law, UNC- Chapel Hill <br />"The (former N.C. Supreme. Courtl Chief Justice [James Exum) said he spent 70 percent of the court's time on the death <br />penalty, not because they thought it was worth 70 percent of the time but because other people who don't have to carry out the <br />policies have brought it forward. The death penalty has had a terrible distorting effect on our courts and on the practice of law in <br />North Carolina both, and that's something you don't hear talked about very much. I think it's really been quite destructive, and <br />continues to be." — Malcolm Ray "Tye" Hunter, Appellate Defender for the State of North Carolina, Chapel Hill <br />"(The death penalty) remains arbitrary .... this jury says 'yes.' this jury says 'no.' It is still, even at its best, a crap shoot." <br />— Adam Stein, Attorney, Chapel Hill <br />"Wc've had [27] years now since... Furman in '72.... The burden of proof ought to shift to those who think capital punish- <br />ment is needed, is useful. Has it really been? Are we really more safe, more just? Have we had a decrease in the rate of criminal <br />homicide that's not tied to the demographics of the population?" <br />-- Jade Boger, Professor of Law and Associate Dean of Academic Affairs, University of North Carolina at Chapel Hill <br />"Halt state executions. the system is flawed... The system is flawed because the system is us. We're the jurors. We're the <br />judges. We're the prosecutors and defense attorneys. All of us are fallible, liable to be blinded sometimes by prejudice or presump- <br />tion. We get tired. We cut corners. We get things wrong. And when the penalty is death, thaw is no acceptable error rate. One <br />innocent man killed is too many.,' -- News & Record, Greensboro (May 22, 1999) <br />"The General Assembly ought to approve (Sen. Kinnaird's bill to declare a moratorium on executions) and send it to Gov. <br />Hunt with dispatch. The issue here is essentially about the fairness in the administration of the death penalty.... One can't help <br />wondering... how many other innocents remain on death row or have been executed.... The criminal justice system, developed and <br />adminixtered by human beings, is inevitably imperfecct.... A moratorium on the death penalty is a good idea." <br />-- Winston -Sakm Journal (May 23, 1999) <br />'the moratorium idea is a very important idea .... alt's important that N.C. take a stand on it, and 1 hope the stand will he <br />favorable, and that the Congress of the [U.S.] does that also." —Hon. Harry Martin, N.C. Supreme Court Justice Emeritus <br />