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NC prosecutors bring complaints about state's Racial Justice Act to court

By Douglas A. Berman

As detailed in this local article, North Carolina's prosecutors "will test the reach of the state's fledgling Racial Justice Act today as they try to persuade a Forsyth County judge that the law is too sweeping and vague to comply with the North Carolina Constitution." Here is more on this interesting story of prosecutors assailing the constitutionality of state legislation: The hearing is held against a backdrop of uncertainty for the law, which passed narrowly along party lines in the final days of the 2009 legislative session. Republicans who assumed power of both the state House and Senate last month have threatened to repeal or severely narrow its reach. Prosecutors in the two Forsyth County cases argue that the statute is so broad and vague that the courts' attempts to interpret and litigate it will "result in a vast consumption of precious state resources...continue to full post

Full post as published by Sentencing Law and Policy on February 07, 2011 (boomark / email).