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STATE v. ROSS--FIRST CONCURRENCE

NORCOTT, J., concurring. Despite my long-standing belief that the death penalty has no place whatsoever in a civilized and rational criminal justice system,1 I agree with the reasoning and conclusion of the majority opinion as limited to the context of this particular case, namely, the issue of standing with respect to the plaintiff in error, the office of the chief public defender of the state of Connecticut, as next friend of the defendant, Michael B. Ross. I write separately because our order will indirectly, but inexorably, lead in a matter of days to the death of the defendant at the hands of the state. This troubles me because of legitimate claims, still unresolved, that our death penalty system is administered in a racially discriminatory, arbitrary or capricious manner.2 See State v. Cobb, 234 Conn. 735, 738 and n.4, 663 A.2d 948 (1995) (discussing preliminary data). Indeed, a comprehensive statistical study about the influence of race and other factors in the application of Connecticut's death penalty presently is ongoing in the context of consolidated habeas corpus litigation that is being supervised by a special master, former Chief Justice Robert Callahan. See State v. Reynolds, 264 Conn. 1, 232

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