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OPINION

Editorial: The angry governor

Wednesday, December 16, 2009
(Updated 3:00 am)

Gov. Bev Perdue has been "appalled," "angry," "disgusted" and "furious." She's not pulling any punches in stating how she feels about court rulings -- one after another -- siding with criminals who claim they completed their "life" sentences and ought to be released from prison.

People can relate to the governor's impassioned response. Murderers and rapists shouldn't go free after only 30 or 35 years behind bars. They might still be dangerous. Where's the consideration for their victims and victims' families?

"This is not how government and the courts are supposed to work for the people of North Carolina," Perdue said Monday, after the latest decision on behalf of inmates. "This is wrong. I've been in politics a long time, and I have never been this disgusted with the system in my life."

Perdue's poll ratings have climbed since she took up this cause in October. Her problem, though, is that she's appealing to emotions rather than reason. In fact, this issue shows that the courts are working exactly as they should -- rendering decisions based on law, not what's politically popular.

Wake County Superior Court Judge Ripley Rand, who issued the ruling that infuriated Perdue on Monday, has all the right political connections. His father is Tony Rand, outgoing majority leader in the N.C. Senate, whom Perdue recently named to head the state parole commission. Judge Rand was appointed to his seat by former Gov. Mike Easley. He's been recommended by U.S. Sen. Kay Hagan for appointment as the U.S. attorney in the Middle District of North Carolina. It makes no sense for Rand to render such an unpopular judgment unless he's convinced it's legally correct.

Our leaders should save their disgust for instances when judges disregard the law. Perdue, however, is exploiting a volatile issue to direct public animosity toward the courts.

Rand indicated his decision wasn't difficult, based on state laws in force in the 1970s when these criminals were sentenced to "life" and on Department of Correction policies that awarded time off for good conduct. He ruled in the cases of two inmates, ordering their immediate release.

The state quickly obtained a stay from the N.C. Court of Appeals, where arguments might be heard next -- again. The Court of Appeals ruled in favor of another inmate's claim for release on the same grounds in November 2008, and the Supreme Court affirmed that decision in October. This time around, the state has raised slightly different legal objections -- so far without success.

It all boils down to the same thing: The politicians want to be seen fighting for public safety against the release of dangerous criminals. But they can't go back 35 years in time and rewrite the laws that were in place then and cover the criminals who were sentenced under them. Nor should they try to bully judges who must apply those laws. The courts can't bend to political pressure, not even from an angry governor.

Comments

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Panacea

December 16, 2009 - 10:54 am EST

Well said.

I worry about what will happen when some of these guys are released. But I can't let that kind of fear mongering overcome my reason.

This case is important. People don't understand their own rights are being defended just as much as the rights of these inmates.

CADDMAN

December 16, 2009 - 3:11 pm EST

Panacea you and I don't agree on almost all subjects ,but let's put aside religion and political differences.What kind of horrific crimes could these inmates commit before you would agree that they don't have rights?

How about like the case of unc student EVE CARSON take from her home and watched as her money was stolen and then shot five times including once in the head with 12 gauge shotgun.I would really like to know.
PLEASE!!!!!!!!!!! RESPOND
thank you!

Panacea

December 16, 2009 - 5:13 pm EST

Normally, I wouldn't waste my time with you, but just this once . . . .

There is no crime that can be committed to which I would say the accused has no rights.

There is no crime that one can be convicted of that deprives the convict of his Constitutional rights.

This is the difference between a civilized society (ours) and barbarism (dictatorships like China or Iran).

Protecting the rights of even the worst members of our society protects them for all of us. If you can't understand that, go back to civics class. Retake grammar while you are at it.

CADDMAN

December 16, 2009 - 5:28 pm EST

Do you think a person convicted of a felon should have the right to vote or buy a handgun if not should't that be a right! Don't be nasty now just asking and thank you for your response.

Interested

December 16, 2009 - 8:37 pm EST

The point here is that what we think a convicted felon has a right to do is really irrelevant - what is important is what the law (constitution, amendments, and court rulings) says this felon has a right to do. As a civilized society, we must work to change the laws that no longer provide the framework we desire. If we merely choose to ignore/violate portions of this code because we are unhappy with the consequences of complying with it, we are no better than the convict who violated some other portion of the code.

Panacea

December 16, 2009 - 9:52 pm EST

Felons, by law, lose the right to own guns and to vote. However, these rights can be restored, as evidenced by the ex-sheriff convicted of a felony who is running again for office.

I wouldn't vote for that guy if I lived in his county. But he does have the right to run for office.

Redemption requires that the offender eventually have all rights and privileges of a free society restored to him. As a Christian I believe this.

The law requires that criminals who have finished their legal terms of sentencing have their rights restored to them. If the law eventually allows a felon to regain the right to keep and bear arms (usually requires a pardon or expunsion of criminal records) then I'm OK with that.

It's too easy to point a finger at the faceless "criminal." It makes great political theater. But these are people. If we want to demand and insist they behave like people, then they have to be allowed to do so.

Again, this isn't about the individual criminal. It's about a healthy society as a whole.

Get A Clue

December 16, 2009 - 5:48 pm EST

Felony voting rights are a states' rights issue. People convicted of a felony are barred from voting in NC if they're incarcerated, on parole or on probation. Federal law prohibits anyone convicted of a felony from ever owning a gun.
So it really doesn't matter what an individual thinks about those two areas; a good citizen upholds the law while perhaps trying all legal means to change laws which violate one's personal ethics. Those wishing to disrespect the law generally attempt to find a way (and too often succeed) around the law, whether state or ferally mandated.
NC's Governor is right to be upset but legally her hands are tied.
All U.S. citizens are guaranteed certain rights under...well, all the stuff one should have learned in Civics class. ;-)

dcolin

December 16, 2009 - 8:06 pm EST

It does not make a difference what "I" think.
The law simply must be applied.

That is what lets the system work

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