GUEST EDITORIAL: Freed from N.C.'s death row, Republicans put them back
Sunday, Aug. 25, 2019 -- Ten years ago North Carolina, then led by Democrats, passed the Racial Justice Act to address persistent racial disparities in death penalty case sentencing. It worked -- but four years later, a newly elected Republican legislature and governor repealed the law, and the state is now trying to execute the people who briefly benefited from it. The state Supreme Court will hear the case that's a matter of life or death for some inmates of color.
Posted — UpdatedThese cases have two things in common. They happened in North Carolina, which has long had one of the most racially biased criminal-justice systems in the country. And they involve people who are on death row despite evidence that prosecutors racially discriminated during their trials. Two of the prisoners were released from death row and given life sentences — only to be returned to death row a few years later.
That’s why North Carolina lawmakers in 2009 passed the Racial Justice Act, after a string of exonerations of black men on death row who had faced all-white or nearly all-white juries. One of the first laws of its kind, it allowed a death-row inmate to have his or her sentence reduced to life by presenting statistical evidence of a pattern of racial discrimination by prosecutors.
More than 130 condemned men and women brought claims under the Racial Justice Act. In 2012 the first plaintiff, a death-row inmate named Marcus Robinson, won his case. Three more cases followed, all with the same result: The court found not only a pattern of racial discrimination by prosecutors but also that they had purposefully discriminated in each of the cases. All four inmates were resentenced to life without parole. (Two other inmates whose cases are being reviewed were in the process of seeking relief when the Racial Justice Act was repealed.)
With the racial-justice act out of the picture, the state appealed the re-sentencings in the four cases that had been decided under it, and in 2015, the North Carolina Supreme Court sent the cases back for further review, because the state had not been given enough time to respond to the Michigan State study on biased juror strikes.
Shortly after, state officials disregarded the state Supreme Court’s order and returned the four plaintiffs to death row without a court holding hearings or considering new evidence or arguments. The state still has not provided any explanation for the racial discrepancy in juror strikes, arguing only that the repeal of the law means the plaintiffs go back to death row.
In the state Supreme Court this week, these plaintiffs, including Robinson, will make numerous constitutional arguments, but they all boil down to the same issue: State lawmakers passed a law to find racial bias in their justice system. They found it. Rather than build on that success, new lawmakers repealed the law and re-punished the people who had benefited from it. These plaintiffs aren’t bringing claims of innocence; they are arguing that they deserve the same constitutional protections as anyone else, including against double jeopardy.
This situation is a travesty not only for the prisoners involved but for everyone in North Carolina, which had taken an important step toward addressing persistent racial discrimination in its justice system, only to turn back the clock once Republicans took power.
Copyright 2024 New York Times News Service. All rights reserved.