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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After reports of water contamination in Illinois prisons, groups are calling on the state to conduct a top-down review of the water and sewer systems in the facilities.

The state's Capital Development Board is currently conducting an assessment of prison infrastructure needs, with the goal of identifying structural updates needed for its facilities.

Jennifer Vollen Katz, executive director of the John Howard Association of Illinois (JHA), said the review should include water infrastructure. The JHA is one of six advocacy groups calling to expand the assessment.

"The State of Illinois has not made the resources available to provide ongoing maintenance and upkeep for these facilities," Vollen Katz contended. "Many of them are very old, and haven't had attention paid to their physical plant infrastructure in many, many years."

A recent investigation by The Appeal revealed the water at five Illinois prisons was infected with Legionella bacteria, which can cause Legionnaires' disease, a potentially fatal type of pneumonia. According to the Illinois Department of Corrections (IDOC), there were more than 27,500 people in the prison system as of the end of March.

Vollen Katz contended, aside from the Legionella contamination, the IDOC has not been transparent about prior water-quality issues. She argued any updates to prisons' drinking water and sewer infrastructure should be subject to public review.

"We don't have a good understanding, and there doesn't seem to be ongoing public inspection, of water systems inside our prisons," Vollen Katz stated.

In prisons across the country, water quality has been a concern for incarcerated people and their advocates, as well as those who work in the facilities. According to the Prison Policy Initiative, one-third of state and federal prisons are built within three miles of a Superfund site, where pollution is serious enough to warrant a federal response.

Nebraska is now in year three of a prison overcrowding emergency, according to the latest numbers released by the Nebraska Department of Correctional Services.

In 2020, Nebraska was forced to declare the emergency for violating federal rules limiting populations to 114% of design capacity.

Spike Eickholt - a lobbyist with the American Civil Liberties Union of Nebraska - said the report also confirms that racial disparities exist throughout Nebraska's criminal-justice system, which begin long before people end up behind bars.

"Everywhere from the initial traffic stop to pre-trial detention to sentences that are imposed into the prison system," said Eickholt. "And what you see is that you see an over-representation of people of color, particularly black people in the prison system."

Black Nebraskans make up just 5% of the state's overall population, but represent more than a quarter of the state's prison population.

The agency responsible for managing Nebraska's prison system has repeatedly argued that the only possible answer to overcrowding is for the state to build a new prison.

Overcrowding also has limited rehabilitation programs, a problem that Eickholt said increases a person's likelihood of returning to prison.

It costs Nebraska taxpayers more than $38,000 a year for every person serving time. Eickholt said most Nebraskans would prefer not to see their tax dollars go to a major state investment in a new prison.

"Because not only is it going to cost hundreds of millions of dollars to construct," said Eickholt. "It's going to cost millions of dollars after that to staff and operate. We still have a problem with staffing the current prison systems that we have now, which is why we are at a staffing emergency."

Nebraska prisons were operating at 141% of design capacity in 2020 when the emergency became official. As of March, prison populations reached 152% of capacity.

Eickholt said there are a number of proven alternatives to imprisonment, including adding mental-health courts to deal with non-violent addiction-related crime.

"That would supplement the regular court system and add to the investment the state already has made," said Eickholt. "Even though that costs the state money, it's less than making a new prison, and it's less than locking people up for years and years, and hoping that they just don't come back."

Another important U.S. Supreme Court ruling this month has been overshadowed by the controversy about overturning abortion rights.

Legal experts say the court has weakened the rights of people who've been arrested in its 6-3 decision in the case Vega v. Tekoh.

At issue was a landmark 1966 decision Miranda v. Arizona, which prompted the statement police read to people as they're arrested, to inform them of their rights.

Vincent Bonventre, professor at Albany Law School, said the high court is making a distinction between Miranda protections and the Fifth Amendment right against self-incrimination.

"While an individual can sue under '1983' for a violation of his constitutional right against compelled self-incrimination, the court said that the individual cannot sue under '1983' for violation of Miranda rights, because Miranda rights aren't constitutional rights," Bonventre explained.

The '1983' to which Bonventre refers is Section 1983 of the Ku Klux Klan Act, an amendment to the 1871 law which allows people to file lawsuits if they feel their constitutional rights have been violated.

The new ruling means in such cases, a person cannot sue law enforcement officials under federal civil-rights law for Miranda warning violations.

But Bonventre pointed out New York's Court of Appeals as well as other state courts can protect Miranda rights more than the Supreme Court, and without penalty. He does not think the Vega v. Tekoh decision will be as major a change to the legal system as it seems.

"The court did not have to rule this way," Bonventre emphasized. "The court could have said, 'Well, Miranda rights are important enough, and they are part of constitutional law, even though they are not the actual constitutional right. And therefore, we want to protect them by allowing individuals to sue when their Miranda rights are violated.' "

The original 1966 case has for decades provided a safeguard for people against the right to self-incrimination through forced confessions.