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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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NCCADP
3326 Durham-Chapel Hill Blvd.
Building D, Suite 201
Durham, NC 27707
noel@nccadp.org
919-404-7409

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Martin Luther King, Jr. was a dedicated death pena Martin Luther King, Jr. was a dedicated death penalty abolitionist. This MLK Day, we reflect on the connection between Dr. King's legacy of nonviolence and the movement to abolish the death penalty.

In 1952, at the young age of 16, Alabama high school student Jeremiah Reeves was accused of sexually assaulting a white woman. In a rushed trial, an all-white jury sentenced him to die. His defense argued that law enforcement had coerced his confession by strapping him to an electric chair and threatening to flip the switch immediately unless he declared his guilt. 

Reeves spent 6 years on death row as his case moved through the appeals process. Dr. King became a strong advocate for Reeves, but the state still put him to death. In 1958, just 9 days after Reeves' killing, Dr. King led a march, the Prayer Pilgrimage, to the steps of the Alabama capitol. In front of a crowd of more than 2,000 people, Dr. King boldly proclaimed the injustices of the death penalty: "It is the severity and inequality of the penalty that constitutes the injustice."

Reeves' execution was a flashpoint for civil rights advocates, one of a long series of injustices that fueled the Montgomery bus boycott and the Civil Rights Movement more broadly.

Throughout his life, Dr. King repeatedly spoke out against the death penalty, which he saw as racist, brutal, antiquated, and fundamentally in opposition to his theory of nonviolence. 

Read more about how we can honor Dr. King's legacy by ending the death penalty on our website: nccadp.org/mlk-day-2026

#NoMoreDeathRow #MLKDay #MartinLutherKingJr #EndTheDeathPenalty
Ready to get mobilized? Join us Tuesday, January 2 Ready to get mobilized? Join us Tuesday, January 27 for our first Death Penalty 101 session of the year! 

Learn about the state of capital punishment in North Carolina, including ways you can get involved in the movement to end state killing. If you're ready to plug in, this is the place to start.

When: Tuesday, January 27 from 5:30-6:30 PM
Where: Zoom 

Register at bit.ly/NCCADPJan2026 or at the link in our bio.

#NoMoreDeathRow #EndTheDeathPenalty #NCCADP #DeathPenalty101
One year ago today, Governor Cooper, on his final One year ago today, Governor Cooper, on his final day in office, announced commutations for 15 men on death row. This news came at the close of our multi-year Commutations Campaign – a testament to the power of this community's organizing and advocacy.

A year later, we continue to rejoice for these 15 lives spared:

Hasson Bacote
Isiah Barden
Nathan Bowie
Rayford Burke
Elrico Fowler
Cerron Hooks
Guy LeGrande
James Little
Robbie Locklear
Lawrence Peterson
William Robinson
Christopher Roseboro
Darrell Strickland
Timothy White
Vincent Wooten

Victories like these remind us what's possible when people resist and dare to imagine something better. 

Even after these commutations, North Carolina continues to have the 5th largest death row in the nation. Here at NCCADP, we will not stop working until the racist, error-prone, and inhumane death penalty is no longer a threat in North Carolina.

If you believe in a future without the death penalty, one great way to show your support is with your dollars. Consider making a tax-deductible gift to NCCADP at nccadp.org/donate or donating by mail at 3326 Durham-Chapel Hill Blvd, Building D, Suite 201, Durham, NC 27707.
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