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BUIES CREEK, N.C. - Campbell Law School’s Federalist Society chapter hosted a debate on Oct. 7 about the continued use of the death penalty. The event featured Thomas Maher, Executive Director of the Center for Death Penalty Litigation (CDPL) in Durham, N.C., and William Otis, former White House Special Counsel under President George H. W. Bush. Dean Melissa Essary moderated the debate and more than 60 law students and faculty were in attendance.
Maher argued against the death penalty while Otis argued in favor of it. The first topic discussed was whether drafters of the U.S. Constitution contemplated that the death penalty should be applied in United States. Both panelists agreed that the Constitution allows the death penalty and that the founders intended for that to be so. However, Maher and Otis differed on whether the founder’s intended for the death penalty to last forever with Maher arguing that the time has come to end the practice.
Otis cited several recent studies that show that the death penalty is a deterrent to heinous crimes and argued that our goal as a society should be to reduce crimes. Maher responded by saying, “If these studies were universally accepted I would place more emphasis on them, however they are not.” Maher argued that the statistics are inconclusive on whether the death penalty is an effective deterrent to crime.
Otis cited multiple high profile cases of heinous murders as evidence that the punishment of these crimes with life in prison does not fit the crime. He stated that giving these criminals, “…qualitatively the same punishment as drug dealers and thieves does not make sense.”
The panelists also discussed their differences on a variety of other issues related to the death penalty. Both were given a chance to state their argument in a closing statement. Dean Essary then opened up the floor for student questions.
Thomas Maher is a Senior Lecturing Fellow at Duke University School of Law. He is also the Executive Director of the Center for Death Penalty Litigation (CDPL) in Durham, N.C. CDPL represents clients on death row, trains lawyers involved in post-conviction litigation, and provides assistance and training for lawyers involved in capital trials. Maher earned his undergraduate degree from Northwestern University in 1979 and his law degree in 1982 at the University of North Carolina-Chapel Hill.
William Otis is a graduate of Stanford Law School. He started his career in the Criminal Division of the Justice Department, and then was hired as Chief of the Appellate Division for the US Attorney's Office for the Eastern District of Virginia, where he argued over 100 cases in the US Court of Appeals for the Fourth Circuit. At various points in his career, Mr. Otis has been an adjunct professor of law at George Mason Law School, Special Assistant to the Secretary of Energy, and Special White House Counsel for President George H. W. Bush. Most recently he was the Counselor to the head of the Drug Enforcement Administration.
About the Campbell Law Federalist Society: The Federalist Society is a non-partisan organization dedicated to the core beliefs of the Founding Fathers – the state exists to preserve freedom, the separation of governmental powers is central to our Constitution, and it is the providence and duty of the judiciary to say what the law is, not what it should be – that seeks to both promote awareness of these beliefs and to further their application through its activities. Events include debates, guest speakers and a trip to the U.S. Supreme Court.
About Campbell Law School: Since its founding in 1976, the Norman Adrian Wiggins School of Law at Campbell University has developed lawyers who possess moral conviction, social compassion and professional competence, and who view the law as a calling to serve others and create a more just society. The School has been recognized by the American Bar Association (ABA) as having the nation’s top Professionalism Program and by the American Academy of Trial Lawyers for having the nation’s best Trial Advocacy Program. In 2008, the Law School’s Moot Court Program was ranked in the top ten nationally by the University of Houston’s Blakely Advocacy Institute among 196 ABA accredited law schools. Campbell Law boasts more than 3,000 alumni, including 2,000 who reside and work in North Carolina. For the past 20 years, Campbell Law’s record of success on the North Carolina bar exam is unsurpassed by any other North Carolina law school. In the fall of 2009, Campbell Law School will relocate from the main Campbell University campus to a new location in downtown Raleigh.
Media Contact: Ashley Arnold, 910.893.1812, arnold@law.campbell.edu
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