Who Lives, Who Dies, Who Deicides
We learned from history that from the days of slavery black people were considered property, through the years of lynching and Jim Crow laws, capital punishment have always been deeply affected by race. Unfortunately, the days of racial basis in the death penalty are not a remnant of the past.
Country's leading researchers on race and capital punishment, law professor David Baldus and statistician George Woodworth, along with other colleagues in Philadelphia, have conducted a careful analysis of race and the death penalty in Philadelphia. Their study suggested that if a defendant is black, he or she is nearly four times (3.9) times as likely receiving the death penalty. Black were being sentence to death far more likely than other defendant for similar crimes.
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In 96% of case reviews, there was a pattern of either race of victims or race of defendant, or both. The gravity of the close connection between race and the death penalty is shown in numerous studies and researches. Race is more likely to affect the death sentencing than smoking affecting the likelihood of dying from heart disease. The evidence has caused enormous changes in law and societal practice however racism is still being largely ignored in the death penalty.
Despite the overwhelming evidence of discrimination, the court has deny relief on the grounds that the patterns of racial disparities are insufficient to prove racial bias in individual cases. Legislatures on both the federal and state level have failed to pass civil rights laws regarding the death penalty in fear of halting the death penalty all together. While the rate of death caused by discrimination are accelerating, the appeals are curtailed. The cost of a human life caused by racial injustice is incalculable. The decisions of who lives and who dies are being made along racial lines by nearly all white groups of prosecutors. The effect of racial discrimination is evident in the presence of the death penalty. Such a system is unfair and unconstitutional. . |
Black Defendants and the Race of the Victims
Another measure of race's impact on the death penalty is the combined effect of the race of the defendant and the race of the victim. A study in the Philadelphia's area suggested that a black defendant with a non-black victim was the case that most likely to result in a death sentence. Black on black crimes were less likely to receive a death sentence. They have a much larger sentencing rate than the rate for defendant of other races who also commit the same crime towards black victims. Race may more easily become the deciding factor in who lives and who dies.
For those on death row from Philadelphia, these numbers translate into a harsh and deadly reality.
Figures from NAACP-LDF "Death Row USA (October 1, 2014)"
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Persons Executed for Interracial Murders in the U.S. Since 1976
Figures from NAACP-LDF "Death Row USA (October 1, 2014)"
n the face of these results, we consider it implausible that the estimated disparities are a product of chance or reflect a failure to control for important omitted Statistics point out that conclusion that black defendant on average face a higher risk of receiving a death sentence than any other similarly situated defendant. Tests consistently points to race discrimination as the underlying cause. Blades, the researcher stated: "In the face of these results, we consider it implausible that the estimated disparities are a product of chance or reflect a failure to control for important omitted case characteristics. . . . In short, we believe it would be extremely unlikely to observe disparities of this magnitude and consistency if there were substantial equality in the treatment of defendants in this system."
(Baldust, David C., George Woodworthtt, and David Zuckermanttt. "Race Discrimination and the Death Penalty in the Post Furman Era: An Empirical and Legal Overview." Race Discrimination and the Death Penalty in the Post Furman Era: An Empirical and Legal Overview (n.d.): n. pag. Web.) |
Death Penalty: ‘Looking Black’ Can Lead to a Death Sentence
There is an apparent disparity between the races on death row. It is proven that black defendants tend to receive the death sentence more often than white defendants. However, if a black defendant has more dominant stereotypically black features they are twice as likely to be hand the death sentence. Jennifer L. Eberhardt and her team conducted an experiment that associates black physical traits with criminality. 57% of the defendants who participants considered having extreme stereotypical traits have received the death sentence. While 24.4% of the defendants considered to not have stereotypical features have received the death sentence. “It sends a powerful message in the criminal justice system that the lives of white are more valuable than those of black.” (David Elliott)
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National Patterns of Race Discrimination
"When people of color are killed in the inner city, when homeless people are killed, when the "nobodies" are killed, district attorneys do not seek to avenge their deaths. Black, Hispanic, or poor families who have a loved one murdered not only don't expect the district attorney's office to pursue the death penalty--which, of course, is both costly and time consuming--but are surprised when the case is prosecuted at all." -Sister Helen Prejean, CSJ
Figures from NAACP-LDF "Death Row USA (October 1, 2014)"
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Figures from NAACP-LDF "Death Row USA (October 1, 2014)"
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In the late 1980s, Sister Helen Prejean requested the General Accounting Office (GAO) to review the studies on race and the death penalty that have been conducted at that time. Their conclusion was unequivocal. In 82% of the studies shown that those who murdered whites were found to be more likely to sentenced to death than those murdered blacks. The race of the victims was found to influence the likelihood of being sentenced with capital murder or receiving the death sentence.
One study reviewed by the GAO was the study of race and death penalty in Georgia. The study looks at 2400 cases processed in Georgia over seven year period. It showed that on average defendants who victims were white faced odds of receiving a death sentence that 4.3 times higher than similarly situated defendants who killed black victims. The study was controlled for hundreds of variable such as different level of violence in crimes and the prior criminal record of the defendant. The study was later the basis for McCleskey v. Kemp (1987) the most important case brought before the Supreme Court on the issue of race and the death penalty.
Professor Baldus and Woolworth expanded GAO's review on race discrimination on capital cases. They found relevant data in 3/4 of the states with prisoners on death row. They discovered that there is evidence of race of victim disparities in 93% of those states. In Florida, a defendant's odd of receiving a death sentence are 4.8 times higher if the victim was white than if the victim is black. In Illinois, the odds are 4 times, in Oklahoma, it is 4.3 times higher, in North Carolina 4.4 times higher and in Mississippi it is 5.5.
One study reviewed by the GAO was the study of race and death penalty in Georgia. The study looks at 2400 cases processed in Georgia over seven year period. It showed that on average defendants who victims were white faced odds of receiving a death sentence that 4.3 times higher than similarly situated defendants who killed black victims. The study was controlled for hundreds of variable such as different level of violence in crimes and the prior criminal record of the defendant. The study was later the basis for McCleskey v. Kemp (1987) the most important case brought before the Supreme Court on the issue of race and the death penalty.
Professor Baldus and Woolworth expanded GAO's review on race discrimination on capital cases. They found relevant data in 3/4 of the states with prisoners on death row. They discovered that there is evidence of race of victim disparities in 93% of those states. In Florida, a defendant's odd of receiving a death sentence are 4.8 times higher if the victim was white than if the victim is black. In Illinois, the odds are 4 times, in Oklahoma, it is 4.3 times higher, in North Carolina 4.4 times higher and in Mississippi it is 5.5.
Figures from NAACP-LDF "Death Row USA (October 1, 2014)"
The Race of the Decision Makers
"The death penalty is essentially an arbitrary punishment. There are no objective rules or guidelines for when a prosecutor should seek the death penalty, when a jury should recommend it, and when a judge should give it. This lack of objective, measurable standards ensures that the application of the death penalty will be discriminatory against racial, gender, and ethnic groups."-rev. Jesse jackson (1996)
Figures from NAACP-LDF "Death Row USA (October 1, 2014)"
The GAO noted that "race of victim influence was found at all stages of the criminal justice process" and that "the evidence for the race of victim influence was stronger for the earlier stages of the judicial process (e.g., prosecutorial decision to charge the defendant with a capital offense, decision to proceed to trial rather than plea bargain) than in later stages." (Dodge, Lowell. Death Penalty Sentencing: Research Indicates Pattern of Racial Disparities. Washington, D.C.: U.S. General Accounting Office, 1990. Print)
The death penalty actually could be use more often in soughing cares. Each prosecutors use a different variety of factors to determine if the case/ defendant serve a death sentence. The case is more likely to result in capital prosecution when the victim in white and in some states when the defendant is black. The murder of people of color is not taken seriously as the murder of white people. |
One likely reason for the discrepancy is that almost all the prosecutors (98%) making the decision about whether the death penalty will be sentenced are white. Only 1% of the District Attorneys in the death penalty states are black. There is a racial imbalance in the make up of life and death decision makers. This discrepancy may partially explain the racial imbalance in the use of the death penalty.
Figures from NAACP-LDF "Death Row USA (October 1, 2014)"
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Study show justice dept. lawyers seek death penalty most for minorities
There is an obvious disparity of U.S. attorneys recommending the death penalty to defendant but no one had a clue how large the disparity was. U.S. attorney reviewed 682 cases of defendants who were charged with a capital crime between 1995 and July of 2000, 20% of the defendants were white and the rest 80% were black. 183 out of the 682 defendants were recommended the death penalty by their attorney. 26% of the defendants were white and 74% were minorities.
Citations:
Baldust, David C., George Woodworthtt, and David Zuckermanttt. "Race Discrimination and the Death Penalty in the Post Furman Era: An Empirical and Legal Overview." Race Discrimination and the Death Penalty in the Post Furman Era: An Empirical and Legal Overview (n.d.): n. pag. Web.
Dodge, Lowell. Death Penalty Sentencing: Research Indicates Pattern of Racial Disparities. Washington, D.C.: U.S. General Accounting Office, 1990. Print
Sterling, F. A. (2006, Jul 20). DEATH PENALTY: 'LOOKING BLACK' CAN LEAD TO A DEATH SENTENCE. Global Information Network Retrieved from http://search.proquest.com/docview/457557921?accountid=10559
Liptak, A. (2003, Jan 08). Death penalty found more likely if victim is white. New York Times Retrieved from http://search.proquest.com/docview/432307149?accountid=10559
Study shows justice dept. lawyers seek death penalty most for minorities. (2000, Oct 02). Jet, 98, 14. Retrieved from http://search.proquest.com/docview/199992920?accountid=10559
Dodge, Lowell. Death Penalty Sentencing: Research Indicates Pattern of Racial Disparities. Washington, D.C.: U.S. General Accounting Office, 1990. Print
Sterling, F. A. (2006, Jul 20). DEATH PENALTY: 'LOOKING BLACK' CAN LEAD TO A DEATH SENTENCE. Global Information Network Retrieved from http://search.proquest.com/docview/457557921?accountid=10559
Liptak, A. (2003, Jan 08). Death penalty found more likely if victim is white. New York Times Retrieved from http://search.proquest.com/docview/432307149?accountid=10559
Study shows justice dept. lawyers seek death penalty most for minorities. (2000, Oct 02). Jet, 98, 14. Retrieved from http://search.proquest.com/docview/199992920?accountid=10559