Racial Bias In Penalty, Study Says

The research for the study was conducted by eight UNC School of Law graduates and sponsored by the Common Sense Foundation, a libertarian foundation and the North Carolina Council of Churches.

The study examined 502 murder cases out of approximately 4,000 held in the state between 1993 and 1997.

Chris Fitzsimon, executive director of Common Sense, said the study discovered that those found guilty of killing a white individual in North Carolina are 3 1/2 times more likely to receive the death penalty than if the victim was not white.

"It appears that our criminal justice system values white lives more than black lives," Fitzsimon said.

He added that the study -- the largest investigation of race and the death penalty in state history -- is scientific proof that the issue of race has bled into the determination of guilt in these cases.

"Race has infected our capital punishment system," he said. "The system we have now treats people differently based on their color. "

Fitzsimon said he is in favor of a moratorium on the death penalty until more investigation is done on the issue.

He added that the study will be distributed to members of the N.C. General Assembly for review. The legislature is currently considering a bill put forth by Sen. Frank Ballance, D-Warren.

Stephen Dear, executive director of People of Faith Against the Death Penalty, said the study raises issues about the justice in death row decisions.

"This study shows what concerned people have known all along, that there is a deep legacy of racism that pervades our death penalty system," Dear said.

He said the General Assembly needs to look into this evidence and examine the apparent correlation.

"Nobody wants a death penalty system that is racially biased," he said.

And like Fitzsimon, Dear agrees a moratorium on capital punishment is in order. "(The study) shows why we need to put a moratorium on executions," he said.

But Rep. Robert Rucho, R-Mecklenburg, said the death penalty has proven to be an effective deterrent against murder and the justice system is still mostly effective.

"(The system) will still determine in a complete manner the guilt of an individual," Rucho said.

He added that the death penalty can only be a feasible deterrent if done quickly and fairly.

But Sen. Ellie Kinnaird, D-Orange, said she believes the death penalty is an unfair measure.

She said she favors calling a moratorium on the death penalty, but would like to see it ended permanently.

"From my standpoint, I'd like to see the death penalty changed to life in prison," she said. "That's an option now and I'd like to make that the only option."

The State & National Editor can be reached at stntdesk@unc.edu.