However, state lawmakers are nearing the end of a three-day session that could result in the gutting of the law.
Opponents of the law have argued that it’s sloppily written and could
allow inmates to use statistics of racial injustice from other
jurisdictions in their appeals. Already, they’ve won revisions to the law over the summer. Limits were placed on the types of statistics inmates can use in their appeals and courts were required to find that prosecutors acted “with discriminatory
purpose” in seeking the death penalty. That change represented a meaningful undermining of the point: The law had moved courts to a focus on racially disparate outcomes, rather than a racist intent.
And that’s particularly true when it comes to the death penalty. Georgia’s controversial execution of Troy Davis in September shed light on the disturbing reality that poor black men are more likely to be killed by the state than any other racial group, particularly when the crime victim is white. Since the death penalty was reinstated in 1977, 56 percent of inmates killed by the state have been black.
the harshest measure of how race colors tough sentencing: Nationally, 48
percent— that’s nearly 70,000 people—of those who’ve been sentenced to life
in prison are black, despite the fact that the black inmates make up 38
percent of the total prison population.
North Carolina is one of 34 states in the U.S. that currently executes prisoners. The Death Penalty Information Center lists it as having
the country’s sixth largest death row. The majority of people on it—86 out of a total of 157 inmates—are African American.
Advocates for Justice, an association of North Carolina’s defense attorneys, has joined the NAACP in publicly supporting the law during this most recent legislative backlash. The two groups wrote a letter in support of the Racial Justice Act earlier this month. The four-page letter cites a popular Michigan State University study that found that a defendant in North Carolina is 2.6 times more likely to be sentenced to death if the victim is white.
“The courts of North Carolina have been doing an exemplary job of
managing litigation under RJA, both in terms of avoiding unnecessary
costs and in terms of expediting review of serious claims of racial
discrimination,” the letter reads. “Now is not the time for the General
Assembly to tinker with the statute and create potentially new avenues
The joint letter submitted in support of the bill was filed one day after 43 of the state’s 44 district attorneys wrote a letter to state senators asking them to pass a new bill, Senate Bill 9, that would repeal the Racial Justice Act when the state’s General Assembly reconvened on Nov. 27. The prosecutors have said that they see the law as an attempt to end the death penalty in the state. “Do not allow North Carolina to continue this charade on its citizens, your constituents, with regards to the death penalty,” the letter said, according to the Associated Press.
“It was, in reality, a permanent moratorium on the death penalty in
North Carolina,” Wake County District Attorney Colon Willoughby said about Racial Justice Act, according to the Sun News.
The state House voted to nullify the Racial Justice Act in June. But the effort to repeal it in both chambers has been a top legislative priority for Republicans since they rose to power in 2010. Time and again, Republican lawmakers have been cited as saying that the law is merely an effort to stop the state’s executions altogether.
“They know historically if you are poor and African American, you are sentenced to death,” state Rep. Earline Parmon told local reporters about the fight to keep the law alive. “This is proven by many studies across the nation. So we know racially motivated convictions to death row are real.”