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‘Racial Justice Act’ repealed in North Carolina

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Posted at 10:27 AM, Jun 21, 2013
and last updated 2013-06-21 10:27:46-04

(CNN) — North Carolina’s governor says he agreed to repeal a law that allowed inmates to challenge their death sentences on racial grounds because it effectively banned capital punishment in the state.

North Carolina legislators barred death sentences “sought or obtained on the basis of race” in 2009, when both houses of the state General Assembly were under Democratic control.

The legislation, known as the Racial Justice Act, allowed condemned convicts to use statistical analysis to argue that race played a role in their sentencing.

Republicans who took control of the Legislature in 2010 weakened the law last year, overriding a veto by then-Gov. Bev Perdue, a Democrat.

Gov. Pat McCrory, a Republican elected in 2012, followed legislative action and signed its complete repeal Wednesday.

“Nearly every person on death row, regardless of race, has appealed their death sentence under the Racial Justice Act,” McCrory said in a statement Wednesday. “The state’s district attorneys are nearly unanimous in their bipartisan conclusion that the Racial Justice Act created a judicial loophole to avoid the death penalty and not a path to justice.”

The state still allowed capital punishment even while the Racial Justice Act was on the books. But state Democrats said the law resulted in at least four convicts being taken off death row after judges ruled that their sentences resulted from racial bias, with their sentences commuted to life in prison instead.

About 53% of the 153 convicts awaiting execution in North Carolina are black, according to the state Department of Public Safety, while about 40% are white. African-Americans make up about 22% of the state’s population, according to Census figures.