Fortunately, North Carolina is taking steps to address this problem in that state.
On August 11, Governor Bev Perdue of North Carolina signed that state's new Racial Justice Act into law. The Act prohibits the consideration of race by prosecutors or jurors in determining whether to seek or apply the death penalty in a case.
Governor Perdue issued the following statement in a press release:
"I have always been a supporter of death penalty, but I have always believed it must be carried out fairly. The Racial Justice Act ensures that when North Carolina hands down our state's harshest punishment to our most heinous criminals - the decision is based on the facts and the law, not racial prejudice."The Act will allow defendants and death row inmates to present a judge with evidence that might indicate that race was a significant factor in seeking or applying a death sentence. If the judge agrees with the evidence, the death sentence can be commuted to life without parole.
Will it work? There is no guarantee that a racist judge won't deny a death penalty challenge for the wrong reasons. But at least the issue is on record, and certainly may save some lives.
So kudos to the North Carolina legislature and to Governor Perdue for taking this important step to hopefully make that state's justice system a little bit more just.
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