Here we will dive deep into how our judiciary shapes the lives of North Carolinians through landmark rulings in criminal justice. From decisions impacting sentencing laws to cases like State v. Bacote that challenge racial bias in the death penalty, judges wield immense power over the future of justice in our state. This page highlights pivotal cases that reveal the true influence of our courts and why electing fair-minded judges is essential to creating a just system for all.
The Failure of Justice: First Marcellus… Who’s next?
by Beatrice Beaubrun, Deputy Director at North Carolina For The People & Dawn Blagrove, Executive Director at Emancipate NC
Thursday, October 3, 2024
Imagine being strapped to a gurney, knowing that DNA evidence—the most reliable proof of innocence—proves you didn’t commit the crime. Yet despite that, the state pushes forward, executing you anyway. This is exactly what happened to Marcellus Williams in Missouri. His execution isn’t just another case of failed justice—it’s a harrowing reminder of how our legal system, blinded by its desire for closure, can choose to ignore the truth.
Williams was executed despite overwhelming proof that he wasn’t the perpetrator. DNA evidence exonerated him, but it wasn’t enough. His life was taken, leaving his family devastated and the victim’s own loved ones horrified. They knew that killing an innocent man would do nothing to honor their loss. If that doesn’t chill you to the core, ask yourself: how many more innocent lives have to be lost before we wake up to the dangers of capital punishment?
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The Death Penalty is Broken—and Racist
Marcellus Williams’ story is not an isolated tragedy. It’s part of a system rife with injustice, one that disproportionately targets the poor, the marginalized, and especially people of color. The death penalty, when examined through the lens of racial bias, becomes an even more urgent issue in North Carolina.
In 2009, our state passed the Racial Justice Act (RJA), giving death row inmates like Marcus Robinson the opportunity to challenge their sentences if they could prove that racial discrimination influenced their case. Robinson did just that. He and three other inmates were able to show that race played a significant role in jury selection and sentencing, and they were resentenced to life without parole. Yet in 2013, the state repealed the RJA, slamming the door on future challenges and effectively ignoring the mountain of evidence that racial bias runs rampant in our courts.
Think about that for a moment. We know that Black defendants are far more likely to receive the death penalty when the victim is white. Studies confirm that prosecutors disproportionately strike Black jurors from cases, ensuring that predominantly white juries are left to decide the fate of Black defendants. This isn’t some abstract debate—this is happening right here in North Carolina. Under the repealed RJA, racial bias was proven to influence death penalty cases. What does it say about us as a society when we ignore this reality?
Justice for Some, Death for Others
Take the case of North Carolina v. Bacote. Bacote, like Williams and Robinson, challenged the system’s blatant racial discrimination. His case and others like it revealed how prosecutors systematically removed Black jurors, using underhanded methods to shape trials in favor of death sentences. This isn’t conjecture—it’s fact. The data is there, the patterns are undeniable, yet our courts refuse to act.
Even after the RJA was repealed, these four resentenced individuals continue to raise critical constitutional questions. What happens when new evidence of racial bias emerges? Do we, as a society, turn a blind eye? More disturbingly, can the state now seek to return these individuals to death row, despite their life sentences—a clear violation of the constitutional protection against double jeopardy?
The cracks in our justice system aren’t hypothetical; they’re real. They claim the lives of innocent people, disproportionately Black and marginalized, as the system relentlessly grinds toward “closure”—no matter the cost.
The Death Penalty is a Threat to Everyone
If you think this is just a Missouri problem, think again. Here in North Carolina, we still have the death penalty, and the same legal loopholes, racial biases, and systemic failures could easily lead to an innocent person from your community being killed by the state. Marcellus Williams’ execution wasn’t just a failure of justice; it was a warning.
Since 1973, over 190 individuals on death row have been exonerated across the country. That’s 190 near-misses—190 lives almost taken by the state for crimes they didn’t commit. And how many more innocent people have we failed to save? How many more Marcellus Williamses are out there? With racial disparities as wide as they are—Black defendants are 4.3 times more likely to receive the death penalty when the victim is white—no one should believe this system is fair. It’s a lottery of life and death, where your fate is decided more by the color of your skin than the facts of your case.
A Call to Action: Stop This Before It’s Too Late
So what do we do? We act. We don’t sit idly by, watching the state continue to play executioner in a broken system. We fight to abolish the death penalty, not just in Missouri, but right here in North Carolina. We demand that our elected officials stand against a practice that targets the vulnerable and often innocent.
We start by holding our judiciary accountable. Judges hold the power to decide who lives and who dies in this state. We cannot allow them to continue this unchecked authority without demanding fairness and justice. We need to elect judges who will take a stand against racial bias, who will prioritize truth over expedience, and who will reject a system that takes lives with impunity.
And we must remember that this is urgent. The death penalty isn’t some relic of the past. It’s a present, looming threat to every person wrongfully convicted in a deeply flawed system.
Make Your Voice Heard
The time for action is now. Every day that passes is another day when the life of an innocent person could be stolen by the state. If we don’t fight for change, the next person wrongfully convicted could be from your community, your family—or it could be you.
Here’s what you can do:
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Call your representatives. Demand they take action to abolish the death penalty.
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Vote for judges who will prioritize justice over vengeance.
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Join local campaigns and donate to organizations like the Emancipate NC that fight to protect those wrongfully convicted.
Ending the death penalty is about more than fixing a broken system. It’s about saving lives, restoring humanity, and ensuring that no more families endure the nightmare that Marcellus Williams’ family did. We can build a justice system that reflects fairness and compassion—but only if we take action.
We must act now to ensure what happened to Marcellus Williams never happens again—not here, not anywhere.
State v. Tucker
State v. Tucker is a pivotal case where the North Carolina Supreme Court reinstated convictions after the Court of Appeals previously overturned them due to insufficient evidence. Tucker was initially convicted of violating a domestic violence protective order while in possession of a deadly weapon, among other charges. The core issue was whether Tucker knowingly violated the order, with the Court of Appeals finding insufficient proof. However, the Supreme Court reversed this, determining that the evidence, viewed favorably for the State, was enough for conviction. This case exemplifies the significant role of judges in shaping outcomes, reinforcing the importance of judicial elections in ensuring fair and thorough rulings.
State v. Alvarez 2023
The North Carolina Supreme Court reversed a lower court’s decision that had suppressed evidence obtained during a traffic checkpoint. The checkpoint, established in response to a traffic accident, led to the discovery of drugs in Alvarez’s vehicle. Alvarez argued the checkpoint violated the Fourth Amendment, but the court found that officers had independent reasonable suspicion to stop the vehicle based on observed erratic driving. Consequently, the court held that the stop was lawful and did not violate Alvarez’s constitutional rights, remanding the case for further proceedings.
State v. Hobbs
In State v. Alvarez (2023), the North Carolina Supreme Court ruled that law enforcement officers had independent reasonable suspicion to stop Fernando Alvarez’s vehicle, upholding the legality of the search and seizure of drugs found during a checkpoint stop. The Court found that the officers’ observation of Alvarez’s driving behavior-specifically veering off the road-gave them enough suspicion of impaired driving, independent of the constitutionality of the traffic checkpoint. As a result, the Court reversed the lower court’s decision that had suppressed the evidence.
State v. Robinson
In State v. Robinson, the North Carolina Supreme Court ruled that re-imposing Marcus Robinson’s death sentence after a prior ruling under the Racial Justice Act (RJA) was a violation of double jeopardy protections under the North Carolina Constitution. Robinson, originally convicted in 1994, successfully proved in 2012 that race played a significant role in his death sentence under the RJA, and was re-sentenced to life imprisonment. However, after the RJA’s repeal, Robinson was returned to death row until the 2020 decision, which reaffirmed his life sentence and underscored the pervasive racial bias in North Carolina’s capital punishment system.
Emancipate NC’s “Report a Law Enforcement Encounter” form is a vital tool for documenting misconduct by law enforcement.
For more information on criminal justice reform in North Carolina, be sure to visit Emancipate NC.
They are committed to transforming the narrative around racialized mass incarceration and advocating for the liberation of communities impacted by state-sponsored violence. Emancipate NC works through community education, mobilization, and policy change to address the systemic harms of the prison industrial complex. Check out their site to learn more about their initiatives and how you can get involved in building a future where justice and equity are accessible to all.


