North Carolina?s death penalty statute should be colorblind, administered without regard to the race of the defendant or the victim. 

The Problem

•  Race continues to play an undeniable part in North Carolina?s use of the death penalty. 
• A defendant in the state of North Carolina is more likely to receive the death penalty if the victim is white than if the victim is a person of color.
•  Prosecutors exclude people of color from sitting on juries in death penalty cases.  Many African-Americans on North Carolina?s death row were sentenced to death by all-white juries.
• Currently, a death row inmate is barred from presenting statistical evidence?often the best and most accessible form of proof?to show that racial discrimination took place in his case. 

Case in point:  In 1992, Kenneth Rouse, an African-American, was sentenced to death by an all-white jury in Randolph County.  One member of the jury, a self-proclaimed racist, later admitted in a sworn affidavit that ?blacks do not care about living as much as whites do.?  The juror routinely referred to African-Americans as ?niggers? and believes that ?black men rape white women so they can brag to their friends.?  He stated that ?bigotry? was influential in his decision to sentence Rouse to death.  The juror also admitted that he lied in order to sit on the jury.  Rouse is still on death row today.

The Solution

North Carolina should enact House Bill 1291 or Senate Bill 1556, ?NC Racial Justice Act,? which seeks to end these racial disparities in North Carolina?s capital punishment system.

NC Racial Justice Act

• The NC Racial Justice Act would allow a person accused of a capital crime to show if race played a part in the prosecutor?s decision to seek the death penalty. 

• If a defendant has already been sentenced to death, he may present evidence if his death sentence was improperly obtained on the basis of race. 

• To prevail on a claim under the NC Racial Justice Act, a defendant would have to offer evidence in sufficient detail and prove his claim by clear and convincing evidence.  The NC Racial Justice Act would allow a defendant to present statistical or other evidence to support his claim.

• If a defendant succeeded in establishing his claim that race was a basis for his death sentence, the court could impose a sentence of life without the possibility of parole.  

WHAT CAN YOU DO?

You can take a couple of minutes to write, in your own words, a brief message to your NC Senator asking for their affirmative vote for the Racial Justice Act.  This bill already passed the NC House and is up for consideration at the opening of the 2008 legisaltive session.

I'm asking you to write a personal message because legislators are more receptive to individual messages as opposed to mass emails.