Troy Davis, a black man who was suspected as the killer of a white off-duty police officer, was executed in 2011 with insufficient evidence in the state of Georgia (Bedau). There was no physical evidence or weapon presented in the prosecution and so they had to base their judgement all from eyewitness (Bedau). His execution raised an “international outcry” due to seven out of nine eyewitnesses contradicted their trial testimony and many of them confessed that they felt pressured or threatened by the police at the time (Bedau). Troy Davis have come close to execution three times previous to his death because of the doubts that linger of his innocence (Bedau). However, after passage of a federal law in 1996, it became significantly harder for petitioners to get a hearing from judges because they have limited the amount of times they can appeal death sentence (Bedau). When Troy Davis did get a hearing, the judge required Troy to have a “proof of innocence” – an impossibly high standard according to American Civil Liberties Union and so Troy was not able to defend himself (Bedau). Even with the doubts that was present in this case, the Georgia Board of Pardons persists on executing Troy Davis (Bedau). A modern country in the 21st century like America has lots of resources to almost everything, but we still use a law system as old as time itself. Although the death penalty has been necessary in the past, it is no longer justified in the 21st century. Capital punishment has
“The African American community is not making this up. It’s not something that’s being politicized. It’s real”
Comparing these two cases, the legal system did not really work fairly to show justice because if in accordance with the absolute interpretation of the 8th Amendment and the 14th Amendment, Gregg will never be sentence to death; this not only unfair to him but also disrespects for the authority of the legal system. Let us finally look at the case of “Callins v. Collins” in 1994, in this case, even though the convict Callins was put to death by lethal injection, there was a justice stood up to struggle on save Callins’ life, and his name was Harry Andrew Blackmun, who had voted in “Gregg v. Georgia” to restore the death penalty. Blackmun claimed that he had no longer supported the death penalty because he did not believe that the capital sentencing procedures were still working, and restoring the death penalty was a big
In David M. Oshinsky’s book, Capital Punishment on Trial: Furman v. Georgia and the Death Penalty in Modern America, he discussed the case of Furman v. Georgia. He explores the controversy that capital punishment holds in the United States of America. The death penalty has been in practice for many centuries. For example, “In Massachusetts, where religion had played a key role in settlement, crimes like blasphemy, witchcraft, sodomy, adultery, and incest became capital offenses, through juries sometimes hesitated to convict” (Oshinsky, 2010). For the punishment of death these offenses do not fit the crime. However, capital punishment at this time was rarely criticized. The death penalty demanded many executions including public ones. Many of these were hangings and were public events. After the American Revolution the death penalty began to be questioned. For example, Benjamin Rush stated, “Capital punishments are the offspring of monarchial governments. Kings believe that they possess their crowns by a divine right. They assume the divine power of taking away human life” (Oshinsky, 2010). By the 1840’s there were organized groups opposing the death penalty such as the Society for the Abolition of Capital Punishment. Within the coming years, the support for capital punishment fluctuated. Throughout the book, Oshinsky explores the many cases leading up to the Furman v. Georgia decision.
African Americans in modern America have bound together in unity against inequality to help end the unnecessary murders and unjust police beatings. However, where did these tensions between police and African Americans begin? This question can be answered by looking at the history of police in America and why they were originally established. Police first came on to the scene in 1704 when Carolina established the nation’s first slave patrol that would turn into what we know today as the modern police. The slave patrol had the duty of searching for runaway slaves and returning them to their masters. Therefore, the original reason the police force was established was to deal with black slaves and it seems as if some officers today still hold that as their job title. However, this was just the beginning to the negative police encounters that many African Americans would have to endure. With the ratification of the 13th amendment and the freeing of the slaves the slave patrol became what is known as modern day police. During reconstruction the police began a war to create a new form of slavery, this form of slavery was known as convict leasing. Although, the 13th amendment legalized the enslavement of anyone convicted of a crime it seemed as if it was only used against African Americans. This new method of enslavement sky rocketed the rate of African American arrests and created new laws in the south such as the pig laws which sentenced anyone who stole a pig to 5 years in
Social psychologists have studied the cause and effect of biases, specifically by white police officers towards minorities. Implicit bias, specifically racial bias, describes a psychological process in which a person’s unconscious racial belief (stereotypes) and attitudes (prejudices) affect his or her behaviors, perceptions, and judgments in ways that they are largely unaware of and typically, unable to control (Graham).
The death penalty is one of the most controversial issues on American soil. Blacks are more likely to face the death penalty than whites in the commission of identical crimes(CNN, 2014). The history of capital punishment dates back to the days before Christ. The Old Testament adage 'an eye for an eye, and a tooth for a tooth,' has survived throughout the ages despite the New Testament's rendition of 'thou shall not kill'. Today's American victims endure a more demure of style of cruel and unusual punishment; death by lethal injection has replaced the barbaric traditions of the past.
There has been a case that has been going on for nineteen moths about a person named Dylann Roof who commuted inhumane act by murdering nine African American church goers due to his racial hatred towards the black community. After a lot of investigation the jury of six whites and three black gave their decision on him last month and he was found guilty of thirty three counts. For this reason the jury decides a death penalty on him even though the victims’ family forgave him. Although, it was certain that the Jury was going to lean toward the death penalty because he didn’t have any witnesses to help him defend and most of all he decided to be a lawyer for himself, which made difficult of proving himself innocent or even reduce the penalty
African Americans, Whites, and Hispanics often perceive American social institutions, including the criminal justice system in starkly different terms. Research has shown that race is one of the most salient predictors of attitudes toward the police and other criminal justice institutions: African Americans are more likely than whites to express dissatisfaction with various aspects of policing. Whites tend to hold a favorable opinion of the police, favor aggressive law enforcement, and are skeptical of criticisms of the police. African Americans and Hispanics, however, are more included to viewing the police as contributing to their subordination through both legal and extralegal practices, as frequently involved in mistreatment of minority citizens. Their position increases the chance that they will see police misconduct as both a general problem and one that particularly afflicts Hispanics and African Americans. The reality is that most African Americans and Hispanics, like many Whites, want law enforcement amplified, though they want it achieved in a fashion that reduces abuses. (Weitzer & Tuch, Race and Perceptions of Police Misconduct, 2004)
There has long been a difference between African Americans and the police. Sometimes minor to being outright confrontational. But if you ask someone on the police force, they would most likely answer no, there are not any differences in the way minority and non-minority communities are treated. But if you asked a minority community, they would probably answer yes, there is a difference. One of the facts that remain constant is the difference in the way blacks and whites view policing and racial relations in America. Pew Research Center polling has continually found that blacks and whites have very different views about many sides of race all together, from trust in the police to advances in racial equality. In one poll, whites said that they believed quite a bit of progress has been made since 1963, compared with only about one-third of blacks, according to a 2013 survey, which was done just before the 50th anniversary of Martin Luther King Jr.’s March on Washington.
While the topic can be overwhelming and complex, it is important to study the racist institution of the death penalty because execution is the ultimate expression of which individuals are valued by our society and which are considered dispensable. What the US expresses through its executions carries some racist undertones when we look at the races of the persons being executed, but it takes on a clearly racial direction when we consider the race of the original murder victim. For example, "the most comprehensive study of the death penalty found that killers of whites were eleven times more likely to be condemned to death than killers of African- Americans."3 On the flip side, "only 31 of the over 18,000 executions in this country's history involved a white person being punished for killing a Black person."4 In capital punishment, we find the modernday counterpart to lynching. Of course, lynching often meant sporadic acts of individual racism. Selective killing today is an official, bureaucratized act of the state and therefore an official statement of what our government stands for. And what the government stands for is the most complete disempowerment possible - death - for a large number of Black individuals.
There are many injustices that plague the United States Justice System. The death penalty is a prime example of this. A major problem associated with the death penalty is the unavoidable fact that potentially innocent people are being executed. Researchers estimate that over 340 executed inmates, could have been exonerated; which means that over 340 people were wrongfully killed! With the arrival of DNA testing in the mid 80’s, by 1992, 17 death row inmates in the US where acquitted and released. The sad fact remains that all capital punishment cases don’t have DNA evidence, in fact many do not. It is terrifying to contemplate that whether a person lives or dies can be determined based on eyewitness testimony. The innocence Project researchers report that 73% of 239 convictions reversed because of DNA, were based on eyewitness testimony. The only effective way of using the death penalty is to ensure the certainty of guilt amongst the inmates on death row; which is inherently unrealistic or impossible. The injustice does not stop there. Approximately 3% of all executions are botched, meaning that the inmate was conscious, in excruciating pain, or the death was prolonged beyond the intended speed. In cases like Allen Lee Davis’ or Romell Broom, the death penalty is proven to be an inhumane way to punish inmates. The American Civil Liberties Union believes “the death penalty inherently violates the constitutional ban against cruel and unusual punishment and the
Police brutality against African Americans was a huge impact in Los Angeles, California in 1991, and continues to be a problematic situation in America today. On March 3, 1991, a group of white LAPD beat Rodney King. After this incident occurred a lot of negative events started to transpire. A lot of African Americans were angry and demanded justice. The relationship between the LAPD and the Los Angeles community in 1991 were horrific and still continues to be awful today. Police brutality just seems to be increasing more overtime, which means the increase in the community not trusting the police. Police brutality can be a huge disadvantage when it comes to community policing.
Years later, DNA evidence exonerated him and he was set free (Rankin, 2011). What about the execution of Troy Anthony Davis? The State of Georgia executed him in 2011 for killing a cop although they had no physical evidence that linked him to the crime, but they had eyewitness testimony. When addressing the slain officer’s family, he said he was sorry for their loss, but it was not him that took their family member’s life, implored them to seek the truth, and asked for God to have mercy on his executioners’ souls. Since his execution, 7 out of the 9 eyewitness have recanted or changed their testimony. This is an outrage in and of itself and a black eye to our justice system (Troy Anthony Davis executed in Georgia after appeals exhausted, 2011).
I was in the car with my friend one day when we got pulled over. I saw a panic go into his eyes, it seemed much more intense than it should have, considering he wasn’t breaking any laws of the road. I noticed his hands shaking and I could have sworn that he was not breathing. The first noticeable reaction heard was when the officer got to the window of the car. His reaction was a sigh of relief because the officer was the same colour as him.
In Stephen Bright’s article, “The Death Penalty as the Answer to Crime: Costly, Counterproductive, and Corrupting” Bright asserts that capital punishment does not work because it is racially biased, the quality of the lawyers and attorneys supplied by the state to poor defendants is unfair, and that the law system currently in place does not accomplish its true goals. Bright defends his claim with logos and ethos by examining the opinions of judges and district attorneys, and by describing experience within the fields of human rights and law himself in order to persuade the reader to take up more cases for those on death row. Given the language used in this article Bright is writing to an audience with intermediate to professional experience within the field of law, and a willingness to adopt a new idea on the constitutionality behind the death penalty.