Sun. Nov 24th, 2024

(File/Getty Images)

On Nov. 1, 2024, South Carolina is set to execute Richard Moore for the 1999 killing of James Mahoney.

While Mahoney’s death is a heartbreaking tragedy, Moore’s execution raises significant 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 capital punishment at least in those cases where its application would compound rather than resolve injustice.

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

Richard Moore (Provided/Justice360)

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

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

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

The death penalty is South Carolina’s most severe punishment and must not be applied in cases where there is any question of intent or premeditation.

That’s not what happened here.

Richard Moore deserves to be held accountable and has been in jail for 25 years — well over half of his adult life — but taking the rest of his life would be a gross overreach of justice.

Furthermore, racial bias tainted Moore’s trial. The prosecutor removed all Black jurors, leaving a nearly all-white jury to decide the fate of a Black man.

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

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

Beyond the legal arguments, this is about recognizing the potential for rehabilitation.

Thanks in large part to the efforts of South Carolina Department of Corrections Director Bryan Stirling, South Carolina boasts one of the lowest recidivism rates in the nation, which reflects the effectiveness of its correctional system.

Both Gov. McMaster and Stirling have made a priority of “getting inmates to turn their lives around,” so Moore’s “spotless record behind bars and his reputation for helping other inmates merits a reprieve.”

Instead, the state intends to execute a model prisoner who is a force for good in the prison and says he “still ha[s] a story to tell.”

If we throw away the key the moment we swing the cell door shut, why are we advocating for — and investing in — rehabilitation? What incentive are we giving inmates to be that model prisoner if even complete 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 continuing to reflect on and take responsibility for his actions.

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

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

Gov. McMaster, you’ve championed values of fairness and justice, and this is a moment to demonstrate that South Carolina believes in holding people accountable without taking life unnecessarily.

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 has been reserved for the worst of the worst, and this case, tragic though it is, does not meet that high bar.

Moore’s execution won’t bring James Mahoney back, and it won’t provide the true closure many victims’ families hope for. In fact, studies show that executions often leave families without the healing they seek.

Gov. McMaster, clemency is the right choice 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.

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