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Perdue veto saves death-row appeal law
12/15/2011 News and Observer
Craig Jarvis

Senate Bill 9  

No Discriminatory Purpose in the Death Penalty 

Would have repealed the section of the Racial Justice Act that allowed statistical evidence, and nullified the hearing procedure section.

Would have reverted state law to what it was prior to the Racial Justice Act: Defendants could try to prove at trial or in subsequent motions that prosecutors or jurors acted with discriminatory intent.

Would have emphasized that the burden of proof is on the defendant, using language from a 1987 U.S. Supreme Court decision that rejected a claim of racial bias based on a statistical study.

 

 

 

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