The 2009 Racial Justice Act … reminder


The North Carolina Racial Justice Act of 2009

…     prohibited seeking or imposing the death penalty on the basis of race. The act identified types of evidence that might be considered by the court when considering whether race was a basis for seeking or imposing the death penalty, and established a process by which relevant evidence might be used to establish that race was a significant factor in seeking or imposing the death penalty. The defendant had the burden of proving that race was a significant factor in seeking or imposing the death penalty, and the state was allowed to offer evidence to rebut the claims or evidence of the defendant. If race was found to be a significant factor in the imposition of the death penalty, the death sentence would automatically be commuted to life imprisonment without the possibility of parole.[1]

North Carolina General Assembly Repeal attempts[edit]

Under pressure from a group of 43 district attorneys, who expressed opposition to the act citing the clog of the court system in the state, the North Carolina Senate passed a bill by a 27-14 vote on November 28, 2011, that would have effectively repealed the Racial Justice Act.[2] However, on December 14, Governor Bev Perdue, a Democrat, vetoed the bill, saying that while she supports the death penalty, she felt it was “simply unacceptable for racial prejudice to play a role in the imposition of the death penalty in North Carolina.”[3] The state legislature did not have enough votes to override Perdue’s veto.

Major revision (2012)[edit]

The North Carolina General Assembly passed a major revision of the law in 2012 authored by Rep. Paul Stam (R-Wake). The rewrite “severely restricts the use of statistics to only the county or judicial district where the crime occurred, instead of the entire state or region. It also says statistics alone are insufficient to prove bias, and that the race of the victim cannot be taken into account.” The bill was vetoed by Gov. Perdue, but this time, the legislature overrode the governor’s veto.[4]

Repeal[edit]

The North Carolina General Assembly voted to effectively repeal the entire law in 2013 and Gov. Pat McCrory, a Republican, signed the repeal into law.[5]

Appeals under act[edit]

On April 20, 2012, in the first case appealed under the Racial Justice Act, the then-Senior Resident Superior Court Judge in Cumberland County (Fayetteville), Judge Greg Weeks, threw out the death sentence of Marcus Raymond Robinson, automatically commuting his sentence to life without parole. Robinson contended that when he was sentenced to death in 1994, prosecutors deliberately kept blacks off the jury. Robinson’s lawyers cited a study from Michigan State University College of Law indicating that prosecutors across North Carolina improperly used their peremptory challenges to systemically exclude qualified black jurors from jury service.[6][7][8]

References[edit]

  1. Jump up ^ Senate Bill 461, General Assembly of North Carolina, Session 2009
  2. Jump up ^ Bufkin, Sarah. “North Carolina General Assembly Votes To Repeal Landmark Racial Justice Law”. Think Progress: Justice. Retrieved 8 December 2011. 
  3. Jump up ^ Jarvis, Greg (2012-12-15). “Perdue veto saves death-row appeal law”. The News & Observer. 
  4. Jump up ^ News & Observer
  5. Jump up ^ Charlotte Observer
  6. Jump up ^ “Judge: Racism played role in Cumberland County trial, death sentence converted in N.C.’s first Racial Justice Act case”. The Fayetteville Observer. April 20, 2012. Retrieved April 21, 2012. 
  7. Jump up ^ “Racial bias saves death row man”. BBC News (BBC). April 20, 2012. Retrieved April 21, 2012. 
  8. Jump up ^ Zucchino, David (April 20, 2012). “Death penalty vacated under North Carolina’s racial justice law”. Los Angeles Times. Retrieved April 21, 2012.

Resource …wiki

so, I do not know how accurate this is

On this day …


On July 13, 1985, at Wembley Stadium in London, Prince Charles and Princess Diana officially open Live Aid, a worldwide rock concert organized to raise money for the relief of famine-stricken Africans. Continued at JFK Stadium in Philadelphia and at other arenas around the world, the 16-hour… read more »

Congress enacts the Northwest Ordinance »

Rockefeller announces new peace proposal »

Live Aid is held simultaneously in London and Philadelphia and broadcast live throughout the world »

a message from Gov.Inslee


MOUNT_RAINIERjayinslee.com

I said we would get big things done this legislative session, and we did!

After six months — over two months longer than originally planned — we addressed some of the biggest issues facing our state and won:

  • $1.3 billion in additional funding for our K-12 system
  • A historic investment in early-childhood education and funding for all-day kindergarten
  • $16 billion in crucial infrastructure funding through a transportation package
  • Investments in our state parks
  • The first cost of living adjustment for teachers since 2008

The Governor’s office was essential to producing this equitable budget and now more than ever, with a divided legislature, the Republicans understand the importance of who is Governor of our state.

Now our campaign has to make up for lost time. We just got out of a seven-month fundraising freeze. We have six months to go before the legislature resumes again. And we have one declared opponent with others looking to get into the race.

We need to make up for lost time. That’s why I’m kicking off our first week-long fundraising drive TODAY with a goal of $50,000 by ‌July 17. Will you contribute today?

Davan – L.A. Times



Today’s Headlines

I’m Davan Maharaj, editor of the Los Angeles Times. A drug kingpin’s prison break is a huge embarrassment for Mexico; and a look at where it’s riskiest to step off a curb in L.A. Here are some story lines I don’t want you to miss today.

To Live and Walk in L.A.
Walking is often risky business in car-crazy Los Angeles. Now, a Times analysis puts some startling data behind the conventional wisdom. From 2002 through 2012, more than 58,000 accidents involving pedestrians happened on L.A. County streets. Downtown, Hollywood and Koreatown are especially perilous. Here’s the story, with a detailed map and tips on how to avoid being hit.

‘Seeing’ with Clicks
It’s not like seeing, but for blind people it could be the next best thing — a few clicks away. Not computer clicks. Tongue clicks are at the heart of an unorthodox program run by Daniel Kish in Long Beach. He teaches blind people to send them out as sonar, like dolphins or bats, to get a read on their surroundings. Some of the results have been remarkable. It’s today’s Great Read.

 

— A bill making progress in the Legislature would allow work permits for farmworkers here illegally.

— More jail trouble: New reports of abuse of inmates and staff suspensions or reassignments underscore a tough problem for new L.A. County Sheriff Jim McDonnell.

— Malibu takes steps to bring traffic mayhem under control on the Pacific Coast Highway.

— Facing another court showdown over solitary confinement, state prisons begin to ease up on the practice.

— The close divide between Supreme Court justices on same-sex marriage portends more tough legal disputes.

— Stay home when you’re sick? A study finds that many doctors don’t.

— A suicide bombing kills dozens of civilians near a U.S. base in Afghanistan.

— In a Paraguay slum, Pope Francis speaks of equality and solidarity for the poor.

— Families are dropping euphemisms in obituaries to help expose heroin’s deadly toll (N.Y. Times).

— Crosscut: “The racist roots of a Northwest secession movement.”

— For Disneyland’s 60th, Smithsonian looks at hidden stories behind some of the park’s wonders.