Death Penalty In North Carolina
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Capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
is a legal penalty in the U.S. state of
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
. Despite remaining a legal penalty, there have been no executions in North Carolina since 2006. A series of lawsuits filed in state courts questioning the fairness and humanity of capital punishment have created a
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
moratorium on executions being carried out in North Carolina. The last person executed in the state was convicted murderer
Samuel Flippen Samuel Russell Flippen (September 30, 1969 – August 18, 2006) was an American man who was executed in North Carolina for murder. Flippen was sentenced to death for the February 1994 murder of Britnie Nichole Hutton, his 2-year-old stepdaughter ...
.


Legal process

When the prosecution seeks the death penalty, the sentence is decided by the
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
and must be unanimous. In case of a hung jury during the penalty phase of the trial, a life sentence is issued, even if a single juror opposed death (there is no retrial).North Carolina General Statutes § 15A-2000 The power of clemency belongs to the
Governor of North Carolina The governor of North Carolina is the head of government of the U.S. state of North Carolina. The governor directs the executive branch of the government and is the commander in chief of the military forces of the state. The current governor, ...
. The method of execution is
lethal injection Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital puni ...
.


Capital crimes

First-degree murder is punishable by death in North Carolina if it involves one of the following aggravating factors: #The capital felony was committed by a person lawfully incarcerated. #The defendant had been previously convicted of another capital felony. #The defendant had been previously convicted of a felony involving the use or threat of violence to the person. #The capital felony was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody. #The capital felony was committed while the defendant was engaged, or was an aider or abettor, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any homicide, robbery,
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
or a sex offense, arson, burglary, kidnapping, or aircraft piracy or the unlawful throwing, placing, or discharging of a destructive device or
bomb A bomb is an explosive weapon that uses the Exothermic process, exothermic reaction of an explosive material to provide an extremely sudden and violent release of energy. Detonations inflict damage principally through ground- and atmosphere-t ...
. #The capital felony was committed for pecuniary gain. #The capital felony was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws. #The capital felony was committed against a law-enforcement officer, employee of the Division of Adult Correction of the Department of Public Safety, jailer, fireman, judge or justice, former judge or justice, prosecutor or former prosecutor, juror or former juror, or witness or former witness against the defendant, while engaged in the performance of his official duties or because of the exercise of his official duty. #The capital felony was especially heinous, atrocious, or cruel. #The defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person. #The murder for which the defendant stands convicted was part of a course of conduct in which the defendant engaged and which included the commission by the defendant of other crimes of violence against another person or persons.


Death row

Death row Death row, also known as condemned row, is a place in a prison that houses inmates awaiting Capital punishment, execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of ...
for males is located at the
Central Prison Central Prison is a prison operated by the North Carolina Department of Public Safety in Raleigh, North Carolina. The prison, west of Downtown Raleigh, is on of land and is bounded by a double wire fence with a razor ribbon on top. The Departm ...
. Female death row prisoners are housed at the
North Carolina Correctional Institution for Women North Carolina Correctional Institution for Women (NCCIW) is the primary North Carolina Department of Public Safety prison facility housing female inmates on a campus in Raleigh, North Carolina, and serves as a support facility for the six other ...
. Both prisons are located in
Raleigh Raleigh (; ) is the capital city of the state of North Carolina and the seat of Wake County in the United States. It is the second-most populous city in North Carolina, after Charlotte. Raleigh is the tenth-most populous city in the Southeas ...
.


See also

*
List of people executed in North Carolina The following is a list of people executed by the U.S. state of North Carolina since 1984. There have been a total of 43 executions in North Carolina, under the current statute, since it was adopted in 1977. All of the people executed were convict ...
* List of death row inmates in North Carolina * Crime in North Carolina *
Law of North Carolina The law of North Carolina consists of several levels, including constitutional, statutory, regulatory, case law, and local law. Sources The Constitution of North Carolina is the foremost source of state law. Legislation is enacted by the Gene ...


Footnotes


Further reading

*Seth Kotch, ''Lethal State: A History of the Death Penalty in North Carolina.'' Chapel Hill, NC: University of North Carolina Press, 2019. {{CapPun-US
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...