North Carolina Capital Punishment Laws

Capital punishment, more commonly known as the death penalty, is for the most serious murder charges. This controversial practice has existed in North Carolina since the state was a British colony. Since then, the state's capital punishment laws have evolved to reflect changes in societal values, constitutional requirements, and cases decided by the U.S. Supreme Court.

This article gives an overview of North Carolina's death penalty statutes. It discusses capital offenses, methods of execution, and recent activities related to capital punishment in North Carolina.

Does North Carolina Allow the Death Penalty?

Yes. North Carolina is among the 27 states in the United States that still have the death penalty in effect for certain crimes. But, in recent years, the application of the death penalty has become increasingly rare.

The state earned its reputation for having the bloodiest code of laws in the Union. Over 20 crimes are punishable by death. But, modern Supreme Court decisions narrowed down the scope of capital offenses.

What Are the Capital Offenses in North Carolina?

In the state of North Carolina, the death penalty is only for first-degree murder cases with an aggravating factor. The state law has 11 aggravating factors. These factors include the following:

1. The defendant committed the murder during the commission, attempted to commit, or after committing another felony. The other felony can either be robbery, rape, arson, sex offense, kidnapping, burglary, or aircraft piracy.
2. The defendant previously committed another capital felony.
3. The murder was particularly atrocious, cruel, or heinous.
4. The defendant knowingly created a significant risk of death to other people.
5. The defendant was incarcerated when committing the felony.
6. The defendant committed the murder for pecuniary gain.
7. The defendant committed the murder to escape from custody or avoid arrest.
8. The murder victim was an employee of the Department of Corrections, a law enforcement officer, or a first responder.
9. The defendant murdered a prosecutor, a judge, or a former prosecutor because of their official duty.
10. The defendant committed murder as a part of an act involving other violent crimes committed against others.
11. The defendant murdered a witness to prevent them from testifying.

Note that the presence of one or more of these aggravating factors does not immediately result in a death sentence. The court also weighs in mitigating circumstances presented by the defense.

What Methods of Execution are Allowed in North Carolina?

Since 1910, North Carolina used three methods of execution: electric chair, gas chambers, and lethal injection.

From 1910 to 1938, the state used the electric chair. The state later introduced gas chambers as a method of execution in 1936. They used cyanide and sulfuric acid to produce a lethal gas. Then, in 1983, the state introduced lethal injection as an option for execution. From 1983 to 1998, death row inmates have the option to choose either death through lethal gas or lethal injection.

By 1998, lethal injection became the only method of execution. This happened after the state legislature eliminated the use of gas chambers for death sentences. But, the state experienced difficulties in getting the drugs needed to carry out lethal injection.

The last person put to death by lethal injection was in August 2006 (Samuel Flippen). Now, the only legal method of execution in the state is through lethal injection.

Recent Developments on Capital Punishment in North Carolina

In 2019, the North Carolina Supreme Court heard arguments on whether the state could retroactively apply the 2013 repeal of the Racial Justice Act (RJA). This case affected North Carolina's death row inmates, claiming that racial bias influenced the capital sentencing.

Yet, a landmark case the state Supreme Court decided in 2020 marked one of the most crucial developments in the state's capital punishment system.

In the case of North Carolina v. Ramseur, the North Carolina Supreme Court issued an order that would allow the resentencing of death row inmates to life without parole. The Supreme Court gave over 100 inmates the chance to prove that racial discrimination affected their sentence of death. If the death row inmate proves that racial bias exists, the Supreme Court will resentence them to life without parole. Then, in 2020, the North Carolina Supreme Court restored the life sentences of three death row inmates under the RJA.

Capital Punishment in the United States

There are 27 American states with the death penalty:

1. Alabama
2. Arizona
3. Arkansas
4. California
5. Florida
6. Georgia
7. Idaho
8. Indiana
9. Kansas
10. Kentucky
11. Louisiana
12. Mississippi
13. Missouri
14. Montana
15. Nebraska
16. Nevada
17. North Carolina
18. Ohio
19. Oklahoma
20. Oregon
21. Pennsylvania
22. South Carolina
23. South Dakota
24. Tennessee
25. Texas
26. Utah
27. Wyoming

There are also six states with a moratorium on death sentences:

1. California
2. Pennsylvania
3. Oregon
4. Arizona
5. Ohio
6. Tennessee

Seek Legal Help from a Criminal Defense Attorney

Capital cases are complex, and the stakes are high. If you or someone you love are facing capital charges in North Carolina, seek legal advice from a criminal defense attorney. They can offer crucial legal advice that is helpful to death penalty cases. Criminal defense attorneys can protect your rights and explore all possible mitigating factors.