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NC Coalition for Alternatives to the Death Penalty

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NC case shines rare light on sexism in death penalty jury selection

October 9, 2019

CDPL Attorney Elizabeth Hambourger, expert on death penalty jury selection
CDPL Attorney Elizabeth Hambourger

CDPL attorney Elizabeth Hambourger has studied the ways that stereotypes affect who sits on death penalty juries in North Carolina criminal cases. In this guest post, she writes about a new case of jury bias making its way through the state’s courts.

By Elizabeth Hambourger

Until the middle of the 20th century, the law barred women from jury service. The myth was that women are weak and overly emotional, not rational enough to serve on juries.

A brief filed in late September in a North Carolina death penalty case shines a rare light on the persistence of sexist stereotypes in the legal system. Bryan Bell was sentenced to death in Sampson County in 2001. In 2010, he filed a claim under the Racial Justice Act, citing statistics that revealed a sweeping pattern of race discrimination in capital jury selection. The prosecutor in Bell’s case, Greg Butler, excluded several black citizens from Bell’s jury. Among them was an African American woman named Viola Morrow.

In response to the statistical pattern revealed by the RJA, Butler submitted a remarkable affidavit. To defend himself from the charges of race discrimination, Butler explained that he struck Morrow from the jury, not because she was black but because she was a woman. Butler said he rejected Morrow because he “was looking for a male juror and potential foreperson.” In another capital trial, Butler confessed that he excluded two women because he was “looking for strong male jurors.”

It‘s unconstitutional for a lawyer to use either race or gender as a factor in jury selection. In 1994, in J.E.B. v. Alabama, the Supreme Court rejected the very type of sexist reasoning Butler expressed in his affidavits: that women are not “strong” enough for jury service, that women are not capable of handling the leadership role of foreperson.  The Court said it would not tolerate jury strikes based on these “invidious, archaic, and overbroad” stereotypes.

In J.E.B., the justices also recognized that, if they condoned jury discrimination on the basis of gender, lawyers might use it as a way to disguise race discrimination in jury selection.  It certainly seems possible that’s exactly what Butler was trying to do when he crafted his affidavit. But whether based on race or gender, his actions were not only unacceptable but illegal.

The only way to stop such blatant discrimination is for courts to overturn convictions when it happens. Unfortunately, North Carolina appellate courts have a shameful record when it comes to policing jury discrimination: they have never overturned a single conviction on grounds that a juror was discriminated against on the basis of race or gender. But Bell’s is the unusual case in which a prosecutor openly admitted discriminating. If Butler’s affidavit doesn’t prove discrimination, what does? Nevertheless, the first court to consider the affidavit simply ignored it and upheld Bell’s conviction.

Now our state Supreme Court has an opportunity to make clear that women belong on North Carolina juries and that our state will not tolerate discrimination on the basis of misogynistic myths. Significantly, three of the seven Supreme Court justices hearing the case will be women, the most women ever to serve on our Court at once. One might well wonder whether prosecutor Greg Butler thinks these accomplished women are “strong” enough to be Supreme Court justices.  Of course, this time, they’ll be the ones judging him.

Filed Under: Latest News, Uncategorized

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We are delighted to welcome Elliona Bannerman and We are delighted to welcome Elliona Bannerman and Ava Gilmore to NCCADP as our fall 2026 interns! They'll spend the semester learning about North Carolina's movement to end the death penalty while contributing to our organizing work. 

We asked them to introduce themselves in their own words:
North Carolina has gone 20 years without an execut North Carolina has gone 20 years without an execution. More than 100 organizations and faith and community leaders are calling on the state to make that permanent.

Organized by NCCADP and the Southern Coalition for Social Justice, the statement reflects growing support across North Carolina for moving beyond the death penalty for good.

Read more at the link in our bio!
Last week's interfaith service was only possible b Last week's interfaith service was only possible because so many of our incredible community members offered their words, traditions, experiences, and presence so generously. 

We are grateful to every person who helped lead us through the service:

Rev. Chalice Overy of Pullen Memorial Baptist Church 
Yousuf Siddiqui of the Islamic Association of Raleigh 
Marianne Norris of St. Francis of Assisi Catholic Community
Rabbi Sandra Lawson of Carolina Jews for Justice 
Rev. Frank Dew of the North Carolina Council of Churches 
Nancy Jones of Catholics for Abolition in NC
Rev. Veronica Murphy of Wayman AME Church 
Elizabeth Norval of Unitarian Universalist Peace Fellowship Raleigh 
Rev. Esther Hethcox of First Presbyterian Church, Durham NC 
Noel Nickle of NCCADP
Michael Flaherty of the Kadampa Center for the Practice of Tibetan Buddhism

We are especially grateful to Alfred Rivera and Pat McCoy, members of NCCADP's Survivor Family Engagement Group, who shared a Litany of Remembrance and Healing shaped by their own experiences of the death penalty.

And thank you to each and every person who joined us on this meaningful evening. 

Let the last execution be the last.
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