Ensuring Justice for North Carolina | Beaufort County Now | In 2009, the NC General Assembly passed S.L. 2009-464, also known as the Racial Justice Act. The law provided that in capital cases defendants could use statistical evidence to prove racial bias in their case. | NC General Assembly, Racial Justice Act, S.L. 2009-464, Death penalty supporters

Coronavirus Disease 2019 (COVID-19)

Ensuring Justice for North Carolina

   Publisher's note: This post, by Angela Hight, was originally published in the Justice & Public Safety section of Civitas's online edition.

    In 2009, the NC General Assembly passed S.L. 2009-464, also known as the Racial Justice Act. The law provided that in capital cases defendants could use statistical evidence to prove racial bias in their case. If racial discrimination was ruled a factor in the defendant's sentencing, the defendant's sentence was then reduced to life without parole.

    After almost all death row inmates, even Caucasians, filed a claim under the Racial Justice Act, the legislature readdressed the law in 2010. Death penalty supporters saw a need to end the de facto moratorium the law had placed on the death penalty and weaken the use of statistical evidence. This led to the development of SB 9, "No Discriminatory Purpose in Death Penalty," which narrowed the original law to protect against discriminatory purpose in death penalty sentencing and eliminated the use of statistical evidence in such cases. SB 9 garnered enough votes to pass the legislature, but not enough to sustain Governor Purdue's much-expected veto.

The debate did not end here, though. The Racial Justice Act was widely disliked by prosecutors and district attorneys because of the way it bogged down the courts and the complicated nature of prosecution the law required. So in March 2011, SB 416, "Amend Death Penalty Procedures," was filed and made its way through both houses. This new revision to the Racial Justice Act made several noted changes to the existing law. Statistical evidence alone could not be the only evidence used to prove racial bias in a defendant's case, and this statistical evidence would also be made more relevant to the actual case: only evidence from the county or prosecutorial district of the case would be allowed, and any numerical evidence must be from an approximate 12-year window. SB 416 also made a new provision declaring that the race of the victim was not to be considered in determining racial bias.

With these new provisions, the legislature mustered up enough bipartisan support to withstand a veto from Gov. Bev Perdue - which is exactly what happened. Near the end of the session the bill became law, and will now provide much-needed reform to death penalty litigation in the state. North Carolina's death penalty cases can now center more heavily on factual evidence of a case rather than impersonal statistical evidence. This new law ensures that defendants are subject to a fair trial while preventing abuse of our judicial system.

This article was posted in Justice & Public Safety by Angela Hight on July 23, 2012 at 10:00 AM.




Comment

( July 24th, 2012 @ 8:33 am )
 
Why in God's name would that law be passed in the first place. Hard evidence is one thing but using statistical information in a court room is ignorant and a slap in the face to the justice system. If we have that big a problem with racism, fix it, don't try and give someone a handycap like a game. Everyone needs to get over the color of their skin and stop worry about the other persons skin color. If your a criminal then your a criminal. Just because your skin is dark or light and statistics show a higher number of crimes for one more than the other is too bad. It just means your stupid enough to add to the numbers.



Time For Good Lawyers To Start Suing Mayors Civitas Institute, Editorials, Op-Ed & Politics Putting The Brakes on the Kindergarten Hustle


HbAD0

Latest Op-Ed & Politics

The Republican Party of North Carolina submitted a letter to the North Carolina Board of Elections noting our concern with the proposed rule changes.
Professional golfer Tiger Woods was involved in a serious car accident on Tuesday in Los Angeles and was taken to the hospital after first responders were forced to use the “jaws of life” to pull him out of the car.
The BATWOLF computer is fired up and the coffee pot's warming up as we ready for another adventure into to the unknown
We will offer this allotment of three with more to come; some old, most new, but all quite informative, and, moreover, necessary to understanding that in North Carolina, there is a wiser path to govern ourselves and our People.
Ed Morrissey writes at HotAir.com about major media outlets’ newfound discovery that a pandemic creates special challenges for a president.
If I want to raise a conservative friend’s blood pressure these days, I’ll ask him what he thinks about North Carolina’s senior U.S. senator, Richard Burr.
Governor Roy Cooper has ordered all United States and North Carolina flags at state facilities to be lowered to half-staff beginning today, Monday, February 22, 2021 until sunset on February 26, 2021
Stocks for movie theaters saw a surge this week after Gov. Andrew Cuomo (D-NY) said that certain chains in New York City can reopen if they follow Covid-19 safety restrictions.

HbAD1

A former South Carolina congressman says it’s possible to get N.C. conservatives to back a carbon tax and other progressive climate change policies if the left uses an economic argument to do so.
If you are interested in genealogy you will want to read this
This article is dedicated to our great Founding Fathers - men who had the courage, the foresight, and the wisdom to secure the freedom that I exercise and enjoy every single day. - Diane Rufino
Victor Davis Hanson of National Review Online sees disturbing developments in American society.
Former President Donald Trump spoke out on Monday to respond publicly after the the Supreme Court rejected his bid to prevent New York prosecutors from obtaining his financial records.
Free-market advocates in North Carolina are optimistic the relaxing of regulations in the state will help promote the growth of broadband and help close the digital divide.
Governor Roy Cooper announced today $282 million in loans and grants to help pay for 94 drinking water and wastewater projects statewide.
James Antle of the Washington Examiner focuses on conservative politicians’ decisions about how closely to align themselves with former President Donald Trump.

HbAD2

State House lawmakers from two of the state's largest school districts are calling on Governor Roy Cooper to stop delaying and sign Senate Bill 37, which ensures every family in North Carolina has access to in-person learning in K-12 public schools if they so choose.
The members of the University of North Carolina Board of Governors are charged with a solemn duty: to oversee and guide the state’s public university system.
If you ever needed proof that corporate cronyism is a timeless practice, here’s a story for you.
Alex Nester of the Washington Free Beacon reports on a problematic project tied to a tech billionaire’s charitable foundation.
Alexandra DeSanctis of National Review Online offers a critical assessment of President Biden’s chief spokeswoman.
For all of you that believe that the Democratic Socialists did not collude with the Democratic Socialist Propagandist Media, Orwellian in Scope, to defraud over 74 million real voters by millions of fraudulent voters to defeat our best president since Ronald Reagan, pay close attention going forward
This article is dedicated to our great Founding Fathers - men who had the courage, the foresight, and the wisdom to secure the freedom that I exercise and enjoy every single day. - Diane Rufino
When it comes to giving out business incentives, you won’t find North Carolina at the top of the list.

HbAD3

 
Back to Top