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NC defender officer urging that racial bias claims be brought in every capital case

By Douglas A. Berman

This local story provides an interesting update on the North Carolina debate and litigation over racial bias in the application of the death penalty: The state office that defends people facing death-penalty cases has urged defense attorneys to raise a claim of racial bias in all potential capital cases, which prosecutors say will slow the justice system. North Carolina's Racial Justice Act allows defendants to argue that racial bias played a role in their sentences. Kentucky is the only other state that permits the use of statistical evidence to try to prove jurors were biased. Lawyers for five death row prisoners filed motions Tuesday seeking to have their death sentences converted to life in prison without parole. The state Attorney General's Office has advised North Carolina?s district attorneys to expect that all 159 inmates on death row will file motions based on the Racial Justice Act...continue to full post

Full post as published by Sentencing Law and Policy on August 06, 2010 (boomark / email).