Death of Racial (In)justice Act | Eastern North Carolina Now

    Publisher's note: We are please to add the words of North Carolina Senator Thom Goolsby to our stable of right-thinking and most capable writers here at BCN. Senator Goolsby, a practicing lawyer from New Hanover County, is a competent voice for victim's rights, and a strong voice for the rule of law, in North Carolina's upper chamber. We wish him much success, and we thank him for his wise words to our readers here Downeast and beyond.

    "The prosecutor is a racist and the first-degree, cold-blooded killer is a victim." This two-part statement is the claim of every legal appeal under the ill-conceived Racial Justice Act (RJA).

    Written by death penalty opponents and passed in 2009, RJA has accomplished its desired effect: it has created a de facto moratorium on the death penalty in North Carolina. The poorly written law allows every murderer on death row, regardless of color or ethnicity, to appeal his sentence. Of the 152 inmates on death row, all but four have used RJA to forestall their executions.

    All people of goodwill should take racism and ethical bias seriously. However, the aim of RJA is not racial justice. Its purpose is to increase the costs and delays of executions, with the goal of assisting the end of the death penalty in our state.

    Here's how the creators of RJA set it up. Proof of racial discrimination is established under the law if "Death sentences were sought or imposed significantly MORE FREQUENTLY upon persons of one race that upon persons of another race." Notice the use of the words "more frequently." The drafters of RJA were warned about their poor use of language, but went forward with their efforts anyway. What they apparently did not care about was that "frequency" is a measure of occurrence, not a measure of disproportion, discrimination or bias.

    Here's an example: 100 white men commit death penalty eligible murders and 10 death sentences are sought and imposed. 15 black men commit identical death penalty eligible murders and 10 death sentences are sought and imposed. The frequency is equal at 10 to 10. However, the result is strikingly disproportional.

    To determine true discrimination, it does not matter how frequently the death penalty is sought or imposed for murderers of different races. What matters is any disproportion based upon discrimination by significant and measurable means.

    The poor language of RJA has allowed three white killers convicted in Gaston County to accuse the local white district attorney, Locke Bell, of being a racist. Why? He has only put white people on death row. Under RJA they have an appealable issue because the DA has sought the death penalty more frequently against persons of one race than against persons of another race. If you ask the DA, he will tell you that these were the only three cases he thought were legitimate death penalty cases. There was no racism involved in his decision. He did what he thought was right, regardless of race. However, RJA looks at frequency.

    The result of this sham of a law is endless litigation and a moratorium on the death penalty. Legislation that passed the Judiciary B Committee in the NC House will soon end this bad law. Senate Bill 306 repeals RJA in its entirety. The repeal is retroactive and voids any motion filed pursuant to RJA.

    Our state has a moral obligation to ensure that death row killers convicted of the most heinous crimes imaginable finally face justice. Victims' families have suffered for far too long and it is past time to stop the legal wrangling and bring them the peace and closure they deserve. When RJA is repealed, first-degree murderers will no longer be able to claim victim status and accuse prosecutors of racism based upon an ill written and ill-conceived law.

    We owe it to the families of murder victims across our state to impose the punishment the law requires. Nothing more, nothing less - without prejudice or passion. With the ending of RJA, justice will be served for the families of the long silent victims , the juries of North Carolina who did their solemn duty and the district attorneys who prosecuted these cases.

    Thom Goolsby is a state senator, practicing attorney and law professor. He is a chairman of the Senate Judiciary 1 and Justice and Public Safety Committees. He is the sponsor of this legislation.