Racial Justice Act of 1993

Summary

Racial Justice Act of 1993 - Prohibits: (1) a government from imposing or carrying out the death penalty in a racially disproportionate pattern; and (2) an individual from being put to death in execution of a death sentence imposed under law administered in violation of such provision. Specifies that ordinary methods of statistical proof suffice to establish that a racially disproportionate pattern exists and that it shall not be necessary to show discriminatory motive, intent, or purpose on the part of any individual or institution. Establishes the requirements for a prima facie showing that a racially disproportionate pattern exists. States that such a showing may be rebutted by establishing by clear and convincing evidence that identifiable and pertinent nondiscriminatory factors persuasively explain the observable racial disparities comprising the disproportion. Requires any State or Federal entity that provides for the imposition of the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs the central agency to affirmatively monitor compliance by local officials and agencies. Provides for the appointment of counsel for all indigent clients (and the furnishing of investigative and other services) for habeas corpus actions arising under this Act. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim of racially disproportionate pattern shall be presumed to be correct unless: (1) the State is in compliance with requirements of this Act concerning the collection and maintenance of death penalty data; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to appointment of counsel and to the furnishing of investigative, expert, and other services necessary for the adequate development of the claim; and (3) the determination is one which is otherwise entitled to be presumed to be correct under specified criteria. States that the failure to raise such a claim before the enactment of this Act shall not bar future claims.

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Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 21 October 1993

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• Introduced in House (PDF)

  Introduced in House · EN · 21 October 1993

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• Introduced in House

  summary · EN · 21 October 1993

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