Daren Bakst


Posts by Daren Bakst (page 2)

  • Faulty Analogy: Racial Justice Act and Employment Discrimination Cases

    A common argument by proponents of the Racial Justice Act is statistical evidence is used in employment and housing discrimination cases, so why not for death penalty cases? Using employment discrimination cases as a comparison: It is true that intentional discrimination isn’t required under the law.  There’s something called…
    Daren Bakst, December 29, 2011
  • Cities Not Following State Law on Guns

    As has been reported by the AP, municipalities are ignoring a recently enacted state law (HB 360, S.L. 2011-268) regarding concealed handguns. Local governments can’t pass ordinances that would prohibit people from carrying concealed handguns in local parks.  However, they may, but don’t have to, restrict the carrying…
    Daren Bakst, December 28, 2011
  • Newt, Judicial Activism, and Solutions

    The mainstream media is apoplectic that Newt Gingrich would argue that Congress has the power to force federal judges to appear before the legislative body, even indicating that the judges be arrested if necessary. Let’s distinguish between two issues.  First, should Congress, in general, have the power to…
    Daren Bakst, December 27, 2011
  • Annexation Lawsuit

    As reported in the Carolina Journal, several cities are challenging the new annexation law in court. The first issue that the court must address is whether the protest petition process is a vote.  The DOJ has already rejected the argument that it is a vote under the Voting…
    Daren Bakst, December 22, 2011
  • DA Letter Criticizes Perdue and Captures Problems with the Racial Justice Act

    Rick Shaffer, who is a Democratic district attorney, resigned from Governor Perdue’s Crime Commission.  His resignation is based on the Governor’s veto of the bill (SB 9) that would have effectively repealed the Racial Justice Act. The letter is very illuminating. Regarding whether the Racial Justice Act…
    Daren Bakst, December 21, 2011
  • Racial Justice Act: Moratorium and Unintended Consequences

    The North Carolina Racial Justice Act allows those on death row or facing the death penalty to challenge the decision to seek or impose the death penalty. To win this challenge, the defendant or death row inmate must demonstrate that race was a significant factor in the decision.  Here’s…
    Daren Bakst, December 20, 2011
  • Victims Won’t Come Forward For a Reason

    There’s an excellent op-ed in today’s Winston-Salem Journal about the state’s eugenics program. The op-ed encourages victims to come forward. Unless there’s going to be meaningful compensation that victims can count on, there’s little reason for most of the victims to come forward.  Some victims may come forward to…
    Daren Bakst, December 12, 2011
  • The Biggest Threat to Compensating Forced Sterilization Victims

    I have been a very strong supporter of compensating the victims of North Carolina’s forced sterilization program.  This issue means a lot to the victims and is one of the most important issues I’ve ever worked on. Unfortunately, there’s one policy proposal that could and should stop…
    Daren Bakst, December 9, 2011