Racially motivated cases?

Czernobog

Former Staff
Dec 2011
35,477
20,095
Phoenix, AZ
Okay, I'm not trying to start a "Republicans hate black people, blah, blah, blah" thread here - hell I don't even know if the prosecutor in the case I'm referencing was Democrat, or Republican. I actually have a serious question.

The Associated Press reports that Superior Court Judge Greg Weeks commuted the death sentence of Marcus Robinson to life imprisonment without parole under the state’s Racial Justice Act, enacted in 2009, which allows death row inmates to challenge their death sentence if race played a important role in “decisions to seek or impose the sentence of death in the county, the prosecutorial district, the judicial division, or the State at the time the death sentence was sought or imposed."

Weeks declared that race played a ”persistent, pervasive and distorting role” in jury selection and that ”prosecutors have intentionally discriminated” against Robinson and other defendants.
North Carolina Judge Greg Weeks Throws Out Marcus Robinson Death Sentence Under State's Racial Justice Act

So, my question is this. If this judge determined that race was a key factor in this inmate's conviction, and sentencing, rather than simply commuting his sentence to Life without Parole, why wouldn't this be grounds for a whole new trial for this guy?

I'm just wondering...
 

Czernobog

Former Staff
Dec 2011
35,477
20,095
Phoenix, AZ
I just don't know what triggers a new trial.
Well, my understanding has always been that if a verdict is arrived at by any means other than the facts in evidence, that that is cause for a re-trial. I would think that a finding that the jury was selected on racial bias, would call into question the verdict. Again, I may be missing some point of law, which is why I'm trying to get some clarification here. :)
 
Oct 2010
4,202
1,160
So, I'm guessing no one has an answer to my question?
I read that article a couple of times, it seems to be saying the same cryptic thing over and over.

I have no idea, the author of that article could have put a little more background into the piece, clearly it's a mystery to many - and it seems fairly interesting and maybe groundbreaking.
 
Apr 2012
6,564
382
The judge wanted to be the first to impose the new law.

Yeah, taxpayers, now you get to pay for a condemned killer for life!

WOOT WOOT!
 
Dec 2007
34,673
6,991
Middle of nowhere Arkansas
Could we now be looking at cases in the future whereby the defendents are only tried by people of their own color? Call me silly but I don't think that's what martin luther king had in mind.
 

Devil505

Former Staff
Jan 2008
72,653
30,653
Florida
Okay, I'm not trying to start a "Republicans hate black people, blah, blah, blah" thread here - hell I don't even know if the prosecutor in the case I'm referencing was Democrat, or Republican. I actually have a serious question.


North Carolina Judge Greg Weeks Throws Out Marcus Robinson Death Sentence Under State's Racial Justice Act

So, my question is this. If this judge determined that race was a key factor in this inmate's conviction, and sentencing, rather than simply commuting his sentence to Life without Parole, why wouldn't this be grounds for a whole new trial for this guy?

I'm just wondering...
I admittedly haven't had time to read the linked article but did the judge claim that race was a key factor in both the conviction & the sentencing ....or just in the sentencing phase of the trial? (if the defendant was convicted fairly...ie the jury followed the law & court instructions.... why would we want a new trial...is my point?
Is the judge claiming that only the sentencing was effected by prejudice?)
 
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