Clemency for Richard Moore reflects true justice and humanity

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On November 1, 2024, South Carolina will execute Richard Moore for the 1999 murder of James Mahoney.

Although Mahoney’s death is a heartbreaking tragedy, Moore’s execution raises major concerns about justice, fairness and humanity.

Gov. Henry McMaster has the power to intervene, both as a universal act of humanity and mercy, and also to prevent the death penalty, at least in those cases where its application would exacerbate injustice rather than solve it.

Moore entered the store intending to commit a robbery, but was unarmed. During the encounter, Mahoney, the store clerk, pulled out two guns and a struggle ensued. Both men were shot, with Mahoney tragically losing his life.

Moore’s actions led to this outcome, but there was no premeditation to kill.

This was a robbery gone horribly wrong, not a calculated murder. The death penalty in South Carolina is reportedly reserved for cases of deliberate cruelty and clear intent to kill. But this case doesn’t even come close to meeting that standard.

As someone who has fought for justice in many forms, Gov. McMaster knows how important it is that the punishment fits the crime.

The death penalty is the most severe punishment in South Carolina and may not be used in cases involving intent or premeditation.

That’s not what happened here.

Richard Moore deserves to be held accountable and has been in prison for 25 years – more than half of his adult life – but taking the rest of his life would be a gross overreach of justice.

In addition, racial prejudice tainted Moore’s trial. The prosecutor removed all black jurors, leaving an almost entirely white jury to decide the fate of a black man.

In a state like South Carolina, with a history of racial inequality in the justice system, this is a serious matter
concerns about the fairness of Moore’s sentence. The possibility that racial prejudice played a role in sending a man to death row should give pause before resorting to such an irreversible punishment.

This may be why the judge at first instancetwo of the original jurors, the former director of the state prison system, and numerous state and community leaders have pleaded for leniency for Moore, noting that he “deeply regrets his crime and is a force for good behind bars for both fellow inmates and his children and grandchildren.”

In addition to the legal arguments, this is about recognizing the potential for rehabilitation.

Thanks in large part to the efforts of Bryan Stirling, director of the South Carolina Department of Corrections, South Carolina has one of the lowest recidivism rates in the country, reflecting the effectiveness of its correctional system.

Both Governor McMaster and Stirling have made it a priority to “help inmates change their lives,” so Moore’s “spotless record behind bars and his reputation for helping other inmates deserve a reprieve.”

Instead, the state plans to execute a model prisoner who is a positive influence in prison and says he “still has a story to tell.”

If we throw away the key as soon as we swing the cell door shut, why are we advocating for – and investing in – rehabilitation? What incentive do we give prisoners to be that model prisoner when even full rehabilitation still results in a poisoned needle?

Clemency would allow Moore to spend the rest of his life in prison without the possibility of parole – serving his time while he continued to reflect on and take responsibility for his actions.

This would uphold justice while demonstrating in a concrete way that all life has value and the hope of redemption.

As someone who has spent years working in the legal system and advocating for the sanctity of life, I know how profound these types of personal decisions are. It’s not just about the law; it’s about humanity.

Gov. McMaster, you have championed values ​​like fairness and justice, and this is a moment to show that South Carolina believes in holding people accountable without needlessly taking lives.

Clemency for Moore does not diminish the seriousness of his crime; it ensures that the punishment fits the crime. The death penalty in South Carolina is reserved for the worst of the worst, and this case, while tragic, does not meet that high bar.

Moore’s execution will not bring back James Mahoney, nor will it provide the real closure the victims’ families hope for. In fact, research shows that executions often deprive families of the healing they seek.

Gov. McMaster, clemency is the way to go here. It reflects South Carolina’s commitment to fairness, justice and the possibility of rehabilitation. By commuting Richard Moore’s sentence to life without parole, you can make a decision rooted in both justice and humanity.