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State judge refuses to overturn Racial Justice Act in North Carolina

By Douglas A. Berman

As detailed in this local article, which is headlined "Racial Justice Act for death row inmates survives court challenge," prosecutors in North Carolina have failed in an initial attempt to derail litigation based on the state's new Racial Justice Act.  Here are some of the particulars: The fledgling Racial Justice Act survived its first challenge when a Forsyth County judge rejected contentions by prosecutors that the law was too sweeping to comply with the N.C. Constitution.  Judge William Z. Wood issued his findings today in Forsyth County Superior Court.... The Racial Justice Act, passed narrowly along party lines in 2009, provides people convicted and accused in capital cases a legal avenue for challenging their plights using statistics and anecdotal evidence to bolster racial bias claims...continue to full post

Full post as published by Sentencing Law and Policy on February 10, 2011 (boomark / email).