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

ANNAPOLIS, Md. -- A new report ranks Maryland as one of the worst states in providing support for young victims of sex trafficking.

While Maryland has made some progress in this area, the Shared Hope International report card puts the state near the bottom, at 44th, with a failing grade.

It said Maryland must do better in identifying victims, and in its response to them.

Melanie Shapiro, public policy director for the Maryland Network Against Domestic Violence, part of the state's anti-trafficking task force, said it is still among the few states treating trafficked children as criminals, placing them in juvenile detention instead of providing much-needed services.

"The criminal and juvenile justice system can be re-traumatizing for child victims of sex trafficking," Shapiro explained. "So, we need to have a trauma-informed and victim-centered approach."

Her group is working on legislation for the upcoming General Assembly session to provide "safe harbor" laws, to keep trafficked minors from being arrested and charged as prostitutes or for related offenses.

Shapiro pointed out Maryland is one of only a handful of states that have not adopted safe harbor policies to protect sexually exploited children. She thinks misperceptions on TV or in movies about victims often distort the reality of serious abuse by traffickers, who prey on vulnerable kids and teens.

"Sex traffickers lure them in as pretending to be somebody that loves them and cares for them," Shapiro noted. "And then they do terrible things to them, including physically abusing them, sexually abusing them. They make a child perform sex acts for money. That is one of the most awful things that they can do."

Gov. Larry Hogan signed the Child Sex Trafficking Screening and Services Act in 2019, creating a program to help law enforcement work with social-services agencies, and bring support to suspected child victims.

But Shapiro argued a safe-harbor law is the only way to keep them from incarceration.

MADISON, Wis. - The Kyle Rittenhouse verdict continues to evoke a range of emotions from the public. A University of Wisconsin expert says the outcome could have lasting effects on marginalized residents who already feel pushed away by social institutions.

Rittenhouse, a white teen, was acquitted of murder charges for shooting several protesters during last year's police brutality demonstrations in Kenosha.

Alvin Thomas, an assistant professor in the School of Human Ecology at the University of Wisconsin-Madison, said it only adds to the list of previous high-profile cases tied to debates over racial injustice.

For anyone who's experienced racial bias, Thomas said it could further cement negative reactions.

"Every time a new incident comes up," said Thomas, "what it does is that it can produce some of these Post Traumatic Stress Disorder symptoms like re-experiencing, hypervigilance, avoidance, flashbacks and memories, intense sadness, and fear and anger."

Thomas noted a body of research links discrimination to worsening mental and physical health. He said even though some people who are Black feel resigned to an unfair criminal justice system, each event still has a tremendous personal impact on them.

Supporters of Rittenhouse argue the case boiled down to self-defense, adding that those who died were white.

But Thomas said it's important to remember the protesters who were shot were there in solidarity with the Black Lives Matter movement. And he explained a perceived injustice against anyone, no matter their race, can add to the pain already felt by so many.

"I think it's very similar to what we saw during the Civil Rights movement," said Thomas, "where you had people of different colors, ethnicities who were engaged in that fight. And they bled together."

As for long-term effects, Thomas said there's danger that people experiencing negative reactions could feel less compelled to take part in certain facets of mainstream society.

"Like elections and voting," said Thomas, "engaging in different things that make society move."

While there are many documented cases of police violence toward Black males, Thomas noted Black girls and women can be victims too. He said the pain from these events can be equally shared.

"I think Black men could be hit with the understanding that 'this victim looks like me,'" said Thomas. "But I think Black women also are hit just as hard, because when they look, they see a brother, they see a father, they see a son."

ANN ARBOR, Mich. -- A new report finds stark disparities in the impacts of cash bail in Michigan, which disproportionately keeps low-income residents and Michiganders of color in jail.

The study, from the Michigan League for Public Policy, noted it is common practice in Michigan to require people who've been arrested but are awaiting trial to put up cash in exchange for their temporary release.

Peter Ruark, senior policy analyst for the League and the report's author, said when people are unable to pay their bail, it can have major consequences.

"That creates hardship for families," Ruark outlined. "It can cause people to lose their jobs. It can complicate relations with relatives."

Nationally, the report said the median income for people unable to post bail is about $15,000 a year. And median bond amounts are roughly $10,000 higher for Black defendants than for their white counterparts.

A bipartisan group of lawmakers introduced a package of bills to reform the cash-bail system, and Ruark pointed out most of the opposition comes from the cash-bail industry itself.

Eli Savit, Washtenaw County prosecutor, took office in January and stopped seeking cash bail. He said judges and magistrates still can impose it, but his office aims to impose non-monetary conditions for releasing people pretrial instead.

He argued it should not matter what your bank account looks like, but what you have been arrested for, and if you pose a threat to the community.

"Getting rid of cash bail does not mean that we're opening up the jailhouse doors and letting everybody free," Savit explained. "It means that the decision about whether you need to stay in jail before trial, before you've been convicted, is based on what you're accused of doing and the danger that you pose, not based on how much money you have."

The report also noted extended jail stays due to inability to post bail can severely impact people's mental health. National data during the 2010s showed more than 70% of people who died by suicide in jail were not convicted with a crime at the time of their death.