On April 20, 2012, Cumberland County Senior Resident Superior Court Judge Gregory Weeks issued the first decision under North Carolina’s Racial Justice Act, ruling that racial bias had played a role in Marcus Robinson’s 1991 trial and commuting Mr. Robinson’s death sentence to life imprisonment without parole.

Marcus Robinson, an African American man who was eighteen at the time of the crime, was sentenced to death in Cumberland County for the murder of a white person. North Carolina’s Racial Justice Act (RJA), which was narrowly adopted in 2009, authorized relief for death row defendants who could prove that race was a “significant factor” in jury selection, prosecutorial charging decisions, or the imposition of the death penalty. The RJA authorized defendants to bring claims based on evidence of discrimination at the statewide, judicial division, or district/county level.

According to a Michigan State University Law School study, during the time period Mr. Robinson was tried, North Carolina prosecutors used peremptory challenges to remove blacks from capital juries more than twice as often as they did whites, and that disparity was even more pronounced in Cumberland County. At Mr. Robinson’s trial, prosecutors removed only 15% of white prospective jurors, compared to 50% of the qualified African American jurors. At an evidentiary hearing on the RJA challenge, EJI Director Bryan Stevenson testified regarding the history and broader context of racial discrimination in jury selection. Following the decision, prosecutors immediately made plans to appeal and the state legislature passed measures that weakened the RJA.

From the Equal Justice Initiative’s A History of Racial Injustice – 2018 Calendar.

“The Equal Justice Initiative (EJI) is proud to present A History of Racial Injustice – 2018 Calendar.  America’s history of racial inequality continues to undermine fair treatment, equal justice, and opportunity for many Americans.  The genocide of Native people, the legacy of slavery and racial terror, and the legally supported abuse of racial minorities are not well understood.  EJI believes that a deeper engagement with our nation’s history of racial injustice is important to addressing present-day questions of social justice and equality.