A study committee charged with making sure the state’s death penalty is applied fairly has raised concerns that district attorneys now have too much discretion in the process.
State law sets out 15 factors to consider in a first-degree murder case. One of which, says committee chairman Doug Jackson, is whether the community where the murder occurred thinks the death penalty fits the crime.
“That seems to be almost like licking your finger and sticking it up in the air, because that’s what we do as elected officials, you know. We’re always trying to gauge public opinion, and I’m wrong a lot.”
DA’s can always decide not to pursue the death penalty, which troubled some committee members. Yesterday they also heard testimony from Davidson County DA Torry Johnson who shared his process for seeking a capital sentence.
Aside from following state guidelines, Johnson’s office makes no public comments until a death notice is filed with the court. He also keeps detailed records of all capital cases.
Even before the process begins, Johnson says his attorneys tell the defense they plan to seek a capital sentence, which opens conversations about a plea deal.
“We would much prefer have them on the front end if possible. It really saves everybody a lot of time. It saves money.”
The study committee is looking at Davidson County for best practices. They’re expected to make some recommendations early next year to improve application of the death penalty statewide.
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