HomeMy WebLinkAboutRES-1999-070 Resolution Calling for a Moratorium on Executions A RESOLUTION CALLING FOR A MORATORIUM ON EXECUTIONS
WHEREAS, Throughout the ages, society has sought to use appropriate penalties
for crimes committed against citizens; and
WHEREAS, In 1972 the United States Supreme Court has ruled in Furman v.
Georgia that the procedures used to implement the death penalty were
unconstitutional thereby halting executions in this nation until 1976 when the Supreme
Court ruled in Gregg v. Georgia that the use of the death penalty could be utilized
subject to safeguards for the protection of the rights of the accused; and
WHEREAS, The use of the death penalty as a capital punishment for the willful,
deliberate and premeditated killing or killing while committing another felony has been
deemed appropriate by the people of North Carolina and all of those currently awaiting
execution in North Carolina were convicted and sentenced under the state's revised
capital punishment law which became effective June 1, 1977; and
WHEREAS, Since the reestablishment of the death penalty in North Carolina there
have been technological advances, such as use of DNA testing, to assist in the
determination of guilt and the enhanced ability of the accused to receive the necessary
legal assistance to defend their rights as provided under the Constitution of the United
States and the Constitution of the State of North Carolina; and
WHEREAS, Even with these advancements, recent events have shown that
circumstances do exist in which people convicted of capital crimes have been wrongly
accused and sentenced to death even though innocent; and
WHEREAS, Further discussion and deliberation of this contentious issue in light of
these factors is merited and the need to review the laws of this State and the various
court proceedings and rulings affecting the use of this punishment should be undertaken
as expeditiously as possible due to the fact that approximately 197 persons in North
Carolina are awaiting execution; and
WHEREAS, the Senators Eleanor Kinnaird and Howard N. Lee, have
sponsored a bill in the 1999 Session of the General Assembly (Senate Bill 1102),
establishing a moratorium on executions in North Carolina; and
WHEREAS, the Senate has referred the above mentioned bill to the Judiciary
Committee II, for further study; and
NOW, THEREFORE, THE ORANGE COUNTY BOARD OF COUNTY
COMMISSIONERS RESOLVES:
Section 1. The Board of County Commissioners calls on Governor Hunt and our state
legislators, President Clinton and our legislators in Congress, to enact and adopt
legislation imposing a moratorium on executions--at least until this state and the nation
implement policies and procedures which:
• Ensure that death penalty cases are administered fairly and impartially, in
accordance with basic due process;
• Minimize the risk that innocent persons may be executed; and
• Prevent the execution of mentally retarded persons and persons who were under the
age of 18 at the time of their offenses.
Section 2. Copies of this resolution shall be forwarded to Governor Hunt, and our state
legislators, President Clinton and our legislators in Congress.
Section 3. This resolution shall become effective upon adoption.
This the day of November, 1999.
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Alice M. Gordon, Chair
Orange County Board of County Commissioners
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