PA to follow NC in Addressing Racial Bias in Death Penalty

Racism has been a blemish on the record of the United States since the colonial era. Despite many laws, acts and movements to abolish racism, it unfortunately still remains prominent in society. Now, we claim that racial discrimination does not occur in our country, such as during a trial where a black male could be sentenced to death. However, many factors point to racist tendencies in the courtroom, but some states, such as North Carolina, are fighting back.

The first case involving North Carolina’s Racial Justice Act has concluded. It involves Marcus Robinson, who was convicted of murder in 1994. The RJA allows death row inmates to present evidence of racial bias to a judge, and if the judge rules that there was racial injustice present throughout the process that inmate’s sentence will be changed to life without parole. Robinson’s case is the first under the RJA that will hopefully set the bar for the 150 cases to follow.

Robinson’s defense is arguing that prosecutors did not allow African Americans to serve on the jury based on the color of their skin. A Michigan State University study showed that in more than 173 death penalty trials from 1990-2010 prosecutors struck black jurors more than twice as often as non-black jurors.

Philadelphia took a very proactive approach in preventing African Americans from serving on a jury. District Attorneys in Philadelphia underwent training sessions, during which they were taught how to effectively hide racial bias while eliminating blacks from the jury pool.  

Quotes from the tape include:

“Let’s face it, … there’s the blacks from the low-income areas[,] … you don’t want those people on your jury.”

And

“You know, in selecting blacks, you don’t want the real educated ones.”

Do you find it hard to believe that this sort of racism still exists in America? Watch the video for yourself: http://video.google.com/videoplay?docid=-5102834972975877286

Pennsylvania’s version of the Racial Justice Act, House Bill 1996, is scheduled to be introduced to the House next week. Although there is currently a study underway in PA regarding the death penalty, the House needs to pass HB1996 now to prevent anyone from being unjustly executed.

Justice and Victory

This week the nation saw unprecedented victories not just for the death penalty abolition movement but also for human rights and justice in the United States.

In Ohio, Supreme Court Justice Paul E. Pfeifer stood up against the death penalty calling it a "death lottery," stating to the House Criminal Justice Committee that the death penalty

"makes no sense when you can have life with out the possibility of parole. I don’t see what society gains."

This public statement adds much needed support to Ohio's House Bill 160 that would abolish the death penalty in the state if passed.

In North Carolina, governor Beverly Perdue vetoed Senate Bill 9 that would repeal the state's Racial Justice Act, which was put in place for prisoners sentenced to death. If a judge determines that race was a significant factor in a death penalty trial, the sentence must be reduced to life without parole. Governor Perdue said in a statement,

"it is simply unacceptable for racial prejudice to play a role in the imposition of the death penalty in North Carolina."

While the governor is a supporter of the death penalty, her veto of the bill represents a profound move towards greater social justice and equality in the country.

Here in PA, great strides towards abolition are being made as Senate Resolution 6 passed this past Wednesday, December 14. The resolution, which can be read in full here, establishes a bipartisan task force and advisory committee that will conduct a study of the death penalty in Pennsylvania in collaboration with the Justice Center for Research at Penn State, the Pennsylvania Interbranch Commission on Gender, Racial, and Ethnic Fairness, and the Pennsylvania Joint State Government Commission.

We have gone without the death penalty in Pennsylvania before. From 1972 to 1978, Pennsylvania was without capital punishment after the Pennsylvania Supreme Court declared it unconstitutional based on the U.S. Supreme Court decision of Furman v. Georgia. Capital punishment was reinstated in 1978 and since that time Pennsylvanian has sentenced more than 350 people to death yet has executed only three.

This year, numerous studies have come out examining the issues surrounding Pennsylvania's capital punishment and criminal justice system, including one by the Pennsylvania Advisory Committee on Wrongful Convictions which can be found here or read PADP's analysis of it here, and examined the issues surrounding eye-witness identification, among other things. Another study released by the Philadelphia Inquirer found issues with Pennsylvania's defense lawyers and unfair trials.

Even more exciting for death penalty abolitionists everywhere is the Death Penalty Information Center's Year End Report, which was released this Thursday, December 15th. The report cited that death sentences have dropped significantly in recent years and noted a 75% drop since 1996. Richard Dieter, DPIC's Executive Director and author of the report said,

"Executions, death sentences, public support, the number of states with the death penalty all dropped from previous years. Whether it’s concerns about unfairness, executing the innocent, the high costs of the death penalty, or the general feeling that the government just can’t get it right, Americans moved further away from capital punishment in 2011.”

Each of these new developments represent a growing trend across the country in support of the abolition of capital punishment and a move towards greater justice, equality, and human rights for the nation. They symbolize the forward progression that the United States can accomplish if ordinary citizens are not silent and do not allow themselves to be complicit in the crimes of the government. Great figures like Martina Davis Correia, who passed away December 2, motivate and inspire us to act and to voice our dissent in the state sanctioned murder that is capital punishment. We must work in Martina's memory, and in honor of other great abolitionists like her, to end capital punishment in this country and not let these new opportunities and new cries of support for abolition go unnoticed.

NC Governor vetoes SB to repeal Racial Justice Act

A quick word of praise for North Carolina governor Beverly Perdue who vetoed a bill (SB 9) that would repeal the 2009 Racial Justice Act. The Racial Justice Act was put in place for prisoners sentenced to death. If a judge determines race was a significant factor used in a death penalty trial the sentence must be reduced to life without parole.

The governor said in a statement, "it is simply unacceptable for racial prejudice to play a role in the imposition of the death penalty in North Carolina."

North Carolina and Kentucky are the only states with laws like the Racial Justice Act.