RACE AND THE NORTH CAROLINA DEATH PENALTY

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 3.5 times 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. 

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 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.

• Currently-a death row inmate is barred form presenting statistical evidence--- often the best and most accessible form of proof--- to show that racial discrimination took place in his case. 

The Solution: NC should enact the “NC Racial Justice Act”, House Bill 472/Senate Bill 461 that seeks to end these racial disparities in NC’s capital punishment system.

• Defendants would be allowed to present statistical or other evidence to prove that death sentences were sought or imposed significantly more frequently on the basis of race or if race played a significant role during jury selection.

• If a defendant successfully establishes a claim under NC RJA:

◊ In pre-trial cases, a death sentence will not be sought. 

◊ In post-trial cases, the death sentence will be replaced with a sentence of Life Imprisonment Without Parole. 

State’s Rebuttal

• Prosecutors may offer evidence identifying alternate sentencing considerations that explain the apparent racial disparities. 

• Prosecutors may also offer statistical evidence demonstrating that no racial discrimination occurred. 

• Finally, prosecutors can present evidence of programs implemented prior to the defendant’s trial, for the purpose of eliminating racial disparities.