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Man challenges sentence under NC's Racial Justice Act

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July 29, 2011

North Carolina: Later this summer, convicted killer Marcus Robinson will be the first to challenge his capital punishment sentence in court under the Racial Justice Act. Enacted in 2009, the act allows those sentenced to death to appeal if they believe the punishment was a result of discrimination. In Robinson's case, he is an African-American and his victim was white.[1]

Many were expecting the Racial Justice Act to be repealed by the Republican-dominated General Assembly of North Carolina this year. In June, the North Carolina House of Representatives voted 63-53 to repeal the law, but the Senate did not vote on it. Conservatives claim that the effect of the act slows down the appellate process for death penalty cases, creating a moratorium on capital punishment.[2]

Proponents of the law point to statistics that show minority defendants receive the death penalty with a higher frequency than others. Also a factor is the race of the victim.[1][3]

Though the Senate is expected to revisit the issue at the start of its next session in May, for now the law stands. The Cumberland County Superior Court will hear the case.[4]

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