The Death Penalty:
Articles

Tuesday, April 17, 2001

Study shows race helps determine death sentences

By ESTES THOMPSON Associated Press Writer

RALEIGH, N.C. (AP) _ Race is an underlying factor in determining who gets a death sentence in North Carolina court, according to a study of homicide cases released Monday.

The study of 502 murder cases from 1993 to 1997 is the first comprehensive look at North Carolina's death penalty in 20 years, said Jack Boger, a law professor at the University of North Carolina at Chapel Hill and one of the researchers.

Study results show that the odds are 3.5 times greater that a person who kills a white victim will receive a death sentence.

``The odds are supposed to be zero that race plays a role,'' said Isaac Unah, a political science professor at UNC-CH and another principal researcher.

The study showed that a death sentence was less likely when the victim wasn't white, he said.

Under state law, the death sentence is supposed to be imposed if a jury finds that one of 11 factors - called aggravating factors - is present in the case.

``Race is playing a role in addition to all these aggravating factors,'' Boger said.

The nine-month study was conducted by eight UNC law graduates who looked at court and law enforcement records on 502 cases selected from nearly 4,000 homicides that were charged during the period. The Common Sense Foundation and the North Carolina Council of Churches sponsored the study.

Common Sense executive director Chris Fitzsimon said the report would be given to legislators, who are considering separate bills to declare a death penalty moratorium, ban executions of the mentally retarded and urge prosecutors to be aware of possible racial bias in administering the death penalty.

A spokeswoman for the North Carolina Conference of District Attorneys said the study appeared to be a tool of death penalty opponents.

``I've got a stack of statistics that will tell you about anything you want to hear,'' said Peg Dorer, conference director. ``Those opposed to the death penalty will find racial bias anywhere they can look.

``I think it is up to a jury of 12 people to look at the facts of the case and decide if it merits the death penalty. I don't think that has much to do with whether a victim is white or black. It has to do with the nature of the crime.''

Unah said statistics still are being analyzed to determine the role of race in different areas of the state. He also said anyone will be welcome to examine the data once the results are published.

The state's court system, medical examiner and the state Department of Correction cooperated with the study.

(PROFILE (CAT:Legal;) (CAT:Philanthropy;) (SRC:AP; ST:NC;) )

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