North Carolina News Network reports, "Bill that would change the Racial Justice Act moves to full House." It's by David Horn.
The state House is expected to take up a bill on Tuesday that would make changes to the Racial Justice Act. A Judiciary Committee voted along party lines yesterday to rework the law.
Bill sponsor Representative Paul Stam of Apex said feedback from opponents to the changes have been taken into account. One revision to the proposed bill removes wording related to discovery sanctions.
"That was taken out based upon comments from opponents and agreed to by the DA's, or at least the DA's that I talked with," said Stam.
Ty Hunter, an attorney with the Center for Death Penalty Litigations, said the bill is still simply a vehicle to do away with the Racial Justice Act. "I think although there has been some change to the draperies of this bill, it's still a repeal bill and I think it is intended to be a repeal bill," said Hunter.
"Racial Justice Act may reach House floor today," is the Winston-Salem Journal report, which includes information from Associated Press.
Republican legislators keep trying to narrow the focus of the Racial Justice Act in a way to satisfy enough colleagues so changes to the 2009 law on the death penalty can withstand a potential veto by Democratic Gov. Bev Perdue.
A House judiciary subcommittee voted along party lines Monday to rework the law, which allows death-row prisoners to use statistics to persuade a judge that racial bias influenced their sentences.
Condemned inmates who win in court have their sentences reduced to life in prison without parole. Murder defendants also can use the law to get a judge to prevent a district attorney from seeking the death penalty at trial.
While under Democratic control, the legislature approved and Perdue signed the Racial Justice Act. Nearly all the 150-plus inmates on North Carolina's death row filed for reviews under the law.
Republicans now in charge approved in 2011 a law that essentially voided the Racial Justice Act, but Perdue vetoed that bill in December. Republicans were unable to secure enough votes to override it, leading them to seek what they view as a compromise.
The judiciary subcommittee approved a bill last week narrowing the scope of the act. Rep. Paul Stam, R-Wake, the bill's chief proponent in the House, said the bill was reworked Monday in part as a concession to Racial Justice Act supporters. Stam said the bill could receive floor debate and a vote today. The Senate would still have to approve the bill.
"Legislature wrong in efforts to dismantle Racial Justice Act," is the title of an editorial in today's Winston-Salem Journal.
The legislature should drop its efforts to dismantle the Racial Justice Act.
The 2009 act pushed by Reps. Larry Womble and Earline Parmon of Winston-Salem addresses racial bias in the pursuit and imposition of the death penalty. The law allows defense attorneys to present statistical evidence from statewide studies. Prosecutors can also present evidence from their specific cases to challenge the defense arguments.
The RJA does not free death row defendants. It commutes their sentences to life in prison — if they prove bias landed them on death row.
Studies have shown the need for this act. Rulings from Superior Court judges in Forsyth and Cumberland counties have supported the act. Judges will no doubt weed out frivolous filings under the law.
Troy Williams writes the column, "Justice system needs reform," for the Fayetteville Observer.
In April, in the first case tried under the Racial Justice Act, Resident Superior Court Judge Greg Weeks ruled in favor of Marcus Robinson, an African-American, who was convicted of killing a white teenager.
The ruling removed Robinson from death row. Judge Weeks said in his decision that race played a "persistent, pervasive and distorting role" in the selection of that 1994 jury, adding that it was clear prosecutors intentionally discriminated against defendants in capital murder trials across the state by purposefully limiting the number of blacks chosen to serve on juries.
Last week, a Republican-led General Assembly sought to overhaul provisions of this law. House Majority Leader Paul Stam says practically everyone on death row claims the only reason they're there is because of their race. I know Rep. Stam, and I know he's way off base with this one. The Racial Justice Act is not just about the race of the defendant, but rather the racial composition of the jury.
From the manner in which this discussion is being framed, one might suspect this is all about black defendants, but this is far from the truth. Research presented at the first trial showed that North Carolina prosecutors eliminated black jurors more than twice as often as white jurors and that a defendant is nearly three times more likely to be sentenced to death if at least one of the victims is white. Under these circumstances, white capital murder defendants would suffer equally in the hands of an overzealous prosecutor.
Earlier coverage of North Carolina's Racial Justice Act begins at the link.
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