RALEIGH
A legislative committee approved today a bill that would allow defendants to use race-based statistics to challenge the imposition of the death penalty.
The bill, known as the "N.C. Racial Justice Act," is sponsored by state Reps. Larry Womble and Earline Parmon, both Democrats from Winston-Salem. The bill was approved 6 to 5 by an N.C. House judiciary committee, and it is expected to get a vote in the full House this week.
The bill would allow judges to overturn a death sentence if a defendant proved that there were statistical racial disparities in the application of the death penalty. The defendant could show racial disparities in that particular county, in that particular judicial district, or in the state as a whole.
A defendant could use statistics to challenge either a prosecutor's decision to seek the death penalty, or a jury's decision to impose the death penalty.
"We may resume executions in North Carolina, and it just makes sense at this time that we have equity and there is no bias," Parmon said.
Opponents said that the use of the death penalty should be based on the specific facts of the case, not on overall statistics. And they said there are not enough death sentences each year to compile a sample size large enough as to be statistically meaningful.
A similar bill narrowly passed in the House two years ago but did not pass in the Senate.
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