RALEIGH, N.C. – In North Carolina, 141 men and women currently face death sentences, making the state home to the sixth-largest death row population in the country. This week, a new report from the Center for Death Penalty Litigation reveals that about three-quarters of these people were sentenced before a number of reforms were passed to ensure fairness and prevent wrongful convictions.

Gretchen Engel, the center's executive director, said the difference between then and now is significant - and frustrating.

"We know that if these crimes happened today, that most of the people would not face the death penalty at trial," she said, "and if they went to trial, would very unlikely be sentenced to death."

The report, called "Unequal Justice," found that 92 percent of people on death row were sentenced before 2008, when a package of state reforms took effect. Many were tried in the 1990s, when 25 to 35 were sentenced to death each year. Public opinion largely has shifted on capital punishment since then, although supporters of the death penalty have argued it is needed in the most heinous of crimes.

The report comes as North Carolina passed its 12th year without an execution and is on track for another year with no new death sentences. One person has received a death sentence in the last four years.

With the current knowledge of better trial practices and shifting public opinion, Engel said, the 141 cases should be reconsidered.

"Given that we have decided that the fairer way and the more reliable way of imposing the death penalty is under our current system," she said, "we have to go back and figure out a mechanism to evaluate these old cases."

Many of the reforms came after multiple exonerations in the Tar Heel State and elsewhere, where some people on death row were found to be innocent.

The report is online at cdpl.org.


get more stories like this via email

West Virginia's prison population has ballooned, and formerly incarcerated people face numerous obstacles when they are released. A Charleston-based program pairs them with mentors for one year, to help them successfully adjust and reorient their lives.

Amber Blankenship, peer-entry program coordinator with the REACH Initiative, said most people typically have "zero support" after their often traumatizing experiences in the criminal justice system. She added that many are also struggling with substance-use disorders.

"When they're released, we just expect them to make all these decisions and be responsible, and it's just, their brain has to heal," she said. "They have to train their brain back to do that."

Housing, health care and employment all are challenging to find for people coming home. A survey this year by Race Matters and the West Virginia Center on Budget and Policy found nearly half of respondents said their biggest worry after leaving prison was coping with the social stigma around their conviction and incarceration.

Blankenship emphasized that the mentorship program is a starting point for creating community and healing.

"People in West Virginia are hurting, they're broken, and they need hope," she said. "They need another individual that has, maybe, a similar story that can build that relationship, build trust."

Sara Whitaker, criminal legal policy analyst at the West Virginia Center on Budget and Policy, pointed out that prison sentences aren't served alone.

"There are obvious ways that this hurts the people who live with them and who rely on them for care," she said, "but it's particularly bad for children."

She added that one in 10 West Virginia kids has had a parent go to jail or prison. Research shows most incarcerated parents in the Mountain State have one or more children younger than 18 years of age.

Illinois lawmakers, meeting in their annual "Veto Session" in Springfield, are taking a look at the controversial SAFE-T Act one last time before it goes into effect next year.

The Pretrial Fairness Act portion of the measure abolishes the state's cash-bail system that critics have called unfair and discriminatory. Democrats, who hold a supermajority in the General Assembly, have said they're open to minor adjustments to the legislation but don't support Republican calls for a comprehensive rewrite.

Garien Gatewood heads the Illinois Justice Project, part of a coalition that backed the measure. He said they are willing to look at small fixes to ensure the new law is applied fairly.

"The Illinois Justice Project stands in support of the SAFE-T Act," he said. "Also, we understand that there's a need to work on some tweaks and some changes to make sure that when the bill rolls out, when the effective date hits, it works."

GOP legislators and some law-enforcement officials think abolishing cash bail could create a "revolving-door system" that puts criminals back on the street. A hearing is set for Dec. 7 on a lawsuit by 58 Illinois counties challenging the constitutionality of the law.

Although endorsed nationwide by many criminal-justice advocates, Illinois would be the first state to abolish the practice of requiring people charged with crimes to post bail - or stay in jail until their trial.

Gatewood said people who can't come up with thousands of dollars to guarantee they'll come back for their court appearance often lose their jobs, homes and even their families as they wait weeks or months for their day in court.

"The Pretrial Fairness Act is designed to give judges more discretion than they have now," he said. "It's actually giving more time to have longer, more detailed hearings than happen now. And quite frankly, in the system that we're in now, if you have resources, you can almost pay your way out of jail for anything."

The 800-page Safety, Accountability, Fairness, and Equity-Today Act goes into effect on Jan 1. The General Assembly meets in regular session in January, but holds a two-week mini-session each Fall to pass, amend or veto new and existing legislation.

Some county jails in the Commonwealth are creating or expanding parent-child visitation policies, but experts argued more work needs to be done to help families forge and maintain healthy bonds.

According to a new report by Kentucky Youth Advocates and the Kentucky Social Welfare Foundation, jails in at least 30 counties currently have some form of in-person visitation. But few jails allow physical contact between parent and child without the obstruction of a divider.

Anne Eason, licensed clinical social worker and chairperson of the Kentucky Social Welfare Foundation, said children with parents in jail often face greater economic barriers and housing instability, even if they are able to live with other family members. She added children separated from their parents often experience higher levels of anxiety, depression and substance abuse.

"It certainly can affect the parent-child bond and attachment," Eason pointed out. "Which leads to further problems with children in terms of their mental health."

Jails in six counties said they did not require families to pay for phone or video calls, which can financially burden families. According to the report, a fifteen-minute phone call between an incarcerated individual and a family member in Kentucky costs on average $11.30. The state currently has the 11th highest rate of children who have at least one incarcerated parent in the nation.

Wendy Hall, program coordinator at the Kentucky River Regional Jail, has worked to implement programs offering parents regular face-to-face contact with their children. She said having time to be a parent can contribute to successful re-entry into society.

"It makes the incarcerated person feel more human, because they're getting to see their child instead of saying, you know, can't be around your kid at all," Hall pointed out. "It gives them a sense of pride after the visit. After the visit they are on cloud nine."

Amy Snow, co-founder of the Frankfort-based Wanda Joyce Robinson Foundation, said more jails could partner with community groups offering support for families, including therapy and payment assistance for transportation and video and phone calls.

"We provide video visitation for any Franklin County child with their parent," Snow explained. "We have a vetting system for that through the Department of Social Services. And we're able to offer that in any facility, no matter where it is, as long as that facility has the capability to do video visitation."

According to data from the Marshall Project, nationwide, around one in eight incarcerated parents with children in foster care have had their parental rights terminated.