Publisher's Note: This article originally appeared in the Beaufort Observer.

Senate concurs with the House on "Racial Justice Act"

    The N. C. Senate approved SB 9 Monday (11-28-11) sending the bill to the Governor. The bill effectively guts the so-called Racial Justice Act. The issue is whether N. C. keeps capital punishment or abolishs it, according to advocates of the bill. The vote in the Senate was 27 to 17 with Beaufort's Senator Stan White voting "no." The bill passed the House June 16 with a 64 to 52 vote with Rep. Bill Cook voting "yes." It is unclear whether Governor Perdue will sign the bill, allow it to become law without her signature or veto it. The vote in the House was not sufficient to override a veto.

    The "Racial Justice Act" allows a person convicted of a capital offense to challenge the imposition of the death penalty by showing statistically the unequal use of the death penalty in the jurisdiction in which the defendant is convicted. All but three of the 157 people on death row in North Carolina have appealed their sentence under the Act.

    The current law that would be changed by SB 9 provides that if a discriminatory effect was found that the death sentence would be reduced to "life without parole." The proponents of SB 9 say that this does not mean the person would always remain locked up. Other laws and some conflicting court decisions have held that "life" does not mean until the person dies, but rather they say from two dozen to 120 inmates would be eligible for parole regardless of what the so-called Racial Justice Act says.

    Dick Adams, one of the most prominent victims' advocates in the state, who lives in Bath, has said: "What people need to understand is the in this state "life" does not mean you spend the rest of your life in prison. Dozens of guilty people, some of whom have committed particularly horrendous crimes, who have been sentenced to "life" have been paroled. Under the Racial Justice Act a person who is guilty of a capital crime beyond a reasonable shadow of a doubt can have a death sentence reduced not because there was any discrimination in his conviction but because the statistics show a disparate impact based on other cases which may not have anything to do with that particular case. In effect it is the abolishment of capital punishment in this state and that goes against the overwhelming sentiment of most of the people of North Carolina. The Governor should sign SB 9."

    You can read the ratified version of SB 9 by clicking here.