Subscribe to Our Newsletter

This field is for validation purposes and should be left unchanged.
Name(Required)
Email(Required)
Address(Required)
Check all that apply:

  • Skip to main content
  • Skip to footer

NC Coalition for Alternatives to the Death Penalty

Committed to ending the death penalty and creating a new vision of justice

  • Who We Are
    • Mission & History
    • Our Values
    • People Most Proximate
    • Coalition Members
    • Staff, Board, & Advisory Council
    • Our Funders
  • What We Do
    • Commutations Campaign
  • Why End the Death Penalty?
    • Column 1
      • Racism
      • Innocence
      • Intellectual Disability & Mental Illness
    • Column 2
      • Public Safety
      • High Cost of Death
      • Waning Support
    • Column 3
      • Lethal Injection
      • Antiquated Sentences
      • Unfair Trials
  • Events
  • 20 Years With No Executions
  • Blog
  • The Pledge
  • Get Involved
  • Donate

Search NC Coalition for Alternatives to the Death Penalty

Russell Tucker

Learn more: The death penalty is racist

Russell Tucker is an African American man who was sentenced to death in 1996 by an all-white Forsyth County jury. During jury selection, there were five potential African American jurors in the pool, and the prosecutor used discretionary strikes to remove all five. In the 1986 case Batson v. Kentucky, the Supreme Court ruled that removal of jurors on the basis of race violates the Constitution. Russell’s lawyers objected under Batson. The judge found no discrimination.

But the judge did not know the whole story. Years after the trial, as part of the Racial Justice Act, Russell’s lawyers obtained the complete prosecutorial files in his case. They found a copy of a handout from “Top Gun II,” a training course for North Carolina prosecutors. The handout is a cheat sheet designed to help prosecutors violate Batson. During a trial, when the defense objects to the removal of a juror based on Batson, the judge then gives the prosecutor an opportunity to give non-racial reasons for the strike, if they can. By providing a prefabricated list of justifications for strikes, the cheat sheet ensured that prosecutors would always have a reason at the ready, even if their true reason was race.

The handout encourages prosecutors to cite African American jurors’ “rebelliousness,” “air of defiance,” “lack of respect,” “resistance of authority,” and “antagonism,” as reasons they would not make good jurors.

It is clear from Russell’s trial transcript that his prosecutor read from the cheat sheet in court. The prosecutor explained his strike of African American juror Thomas Smalls this way:

This exact language can be found in the handout.

National experts have condemned this cheat sheet. A group of former prosecutors has called it an example of how “some district attorney offices train their prosecutors to deceive judges” as to their race-based motives for striking jurors of color.

Forsyth County has a longstanding problem with racial discrimination in jury selection. Mr. Tucker is one of four Forsyth defendants on death row who was sentenced to death by all-white juries. A recent Wake Forest University study found that Forsyth prosecutors were three times more likely to strike African Americans than white jurors, the highest strike disparity in the state. The statistical study conducted for the Racial Justice Act concluded that in capital cases from 1990 to 2010, Forsyth prosecutors were more than twice as likely to strike African Americans.

Mr. Tucker’s jury discrimination claim is pending in the North Carolina Supreme Court, which will probably decide the case in 2022.

Read more about Mr. Tucker’s case in this Indy Week story. Or read Emancipate NC’s 2022 law review article about his case.

Filed Under: Racial Bias

Footer

Contact

NCCADP Alternate Logo
NCCADP
3326 Durham-Chapel Hill Blvd.
Building D, Suite 201
Durham, NC 27707
noel@nccadp.org
919-404-7409

Follow Us on Instagram

We hope you'll join us this evening on Zoom for De We hope you'll join us this evening on Zoom for Death Penalty 101, a virtual introduction to capital punishment in our state and the movement working to end it.

This session is open to everyone, whether you're brand new to the issue or looking for a way to plug in.

Register at bit.ly/NCCADPSept2026.
North Carolina still has the death penalty. Do you North Carolina still has the death penalty. Do you know how it works, who it affects, and what it will take to end it?

Join us on Monday, September 28 at 7 PM for Death Penalty 101, a virtual introduction to capital punishment in our state and the movement working to end it.

This session is open to everyone, whether you're brand new to the issue or looking for a way to plug in.

Register at bit.ly/NCCADPSept2026 or at the link in our bio.
Courtrooms draw a line between victims and defenda Courtrooms draw a line between victims and defendants, innocence and guilt, one family’s loss and another’s. Real life doesn’t fit so neatly on either side.

On World Day Against the Death Penalty, hear from four people whose lives have been changed by violence and capital punishment.

Stories for Life, Across the Divide
Saturday, October, 1–2:15 PM ET |  Zoom

Register at bit.ly/WDADP2026 or at the link in our bio.
Follow on Instagram

Stay Connected

  • Facebook
  • Instagram
  • Twitter

Copyright © 2026 · NC Coalition for Alternatives to the Death Penalty · All Rights Reserved · Website by Tomatillo Design