Racial Disparities In A Capital Case

However, statistics have shown that the death penalty is applied racially and discriminatorily. Three out of five murder cases in which the victim was white and the defendant was black resulted in the defendant receiving a death penalty. Professor Katherine Beckett of the University of Washington reechoed this fact by stating that, jurors in Washington “were four and a half times more likely to impose a sentence of death when the defendant was black than they were in cases involving similarly situated white defendants.” So where is the justice that advocates of the death penalty are imploring? Moreover, the rich are more likely to escape a death penalty than the poor. The DPIC has reported that most defendants in capital cases cannot afford an attorney. Thus, if equal justice for all is anything to go by, then justice should be equally distributed regardless of race and economic

There is also a large disparity between races when it comes to sentencing convicts to Death Row. Looking just at the federal death penalty data released by the Department of Justice between 1995 and 2000, 682 defendants were charged with death-eligible crimes. Out of those 682 defendants, the defendant was black 48% of the cases, Hispanic in 29% of the cases, and white in only 20% of the cases (Coker, 2003).

1. Disparity of application of the death penalty is a researched and heavily discussed topic. There is no disparity applied to the death penalty due to race. Many individuals believe that discrimination against minorities directly contributes to the amount of offenders on death row that are African American, Hispanic, or part of a different minority group. These trends exist for a reason, however I believe the reason is due to the fact that individuals strive to meet different goals dependent on their racial background. Currently, approximately 41 % of inmates on death row are black, and 44 % are white. There are more inmates who are white on death row, which makes it hard to determine that disparity was applied based on race or gender when individuals are faced with a death penalty sentence. There are far less women on death row. There are not many women on death row because the death penalty is not often applied to their cases. However, this is not due to their gender, it is based on the crimes that were committed and typically women commit less violent crimes than men.

Racial disparity in the sentencing process of the criminal justice system also exists because of racial jurors. To eliminate the suspensions of racial disparity of racial jurors the jury will select at least one African-American to serve for the jury. A percentage of African-Americans oppose capital punishment (Tabak, 1999, p. 6). Prosecutors commonly discriminate against African-Americans during challenges of discretions and blatantly abuse the powers of prosecutors. Juries predominantly use more Whites in every trial is inappropriate on the levels of the criminal justice system. Americans have rights to a trial by jury of peers and has the right not to exclude minorities in the selection of a jury. Excluding minorities in a jury of an individual’s peers is a violation of an objective and fair trial for a defendant.

The study conducted by MSU examined jury selection as well as the decisions made by said juries. “The MSU study of capital charging and sentencing found that those who kill whites are more likely to get the death penalty than those who kill blacks. The MSU study found that a defendant is 2.6 times more likely to get the death penalty if the victim is white.” (ACLU). Following the study, North Carolina passed a law entitled the “Racial Justice Act”. This piece of legislature made it possible for inmates to appeal their sentences due to supposed racial profiling. Since the passing of the law last year, there have been 4 successful appeals. The law doesn’t guarantee that the whole sentence will be reversed; however, it puts in place a system that allows for flaws in the length/severity of the sentence to be readdressed. The passing of the law as well as the MSU study prove that although there are more minorities being charged for crimes, the charges are of ill-willed intentions.

Racial injustice has always existed in the American criminal justice system (S. Steiker and M. Steiker, 243). This can be seen in recent years where constitutional campaigns on the abolishment of capital punishment were led by the National Association for the Advancement of Colored People’s (NAACP) Legal Defense and Education Fund (S. Steiker and M.Steiker, 244). This is an organization that fights for equality of rights and to “eliminate race-based discrimination” (Our Mission). It demonstrates that there is an inequality in the treatment of races concerning the death penalty. In addition, according to the authors, they never found a

You brought up how jurors are more likely to find a defendant guilty when the defendant is a different race, and the victim is the same race as the juror, which creates a problem if race is being viewed as a primary factor in the case. Unfortunately, as we know, racial disparities are apparent throughout every phase of our justice system. For example, black individuals are three times as likely to have their cars searched by the police compared to their white counterparts, in addition to being more likely to be pulled over (Racial disparities, 2014). On a larger scale, racial disparities in sentencing decisions are also imposed much more harshly for black individuals than white individuals in the United States. Furthermore, black males in the

I’m interested in this topic because it’s a topic we talk about but ignore., watching young Hispanic black and other racial minorities kid being gunned down because an officer "thought" he was armed is an absolute disgrace to this country. I like it because I sometimes ask myself will I a victim of not only racial profiling but encounter racial injustice. Will my brother get gunned down by an officer while walking to school? Or Be a static of racial disparity? I also liked because the majority of our population is ethnic or racial minority. informing the audience about racial disparities in our justice system will be an eye-opening topic. Research by Swaine, Jon. Black Americans killed by police twice as likely to be unarmed as white.. I’m

A Georgia study found that killers of whites are 4.3 times more likely to receive a death sentence than killers of blacks. More than 75 percent of those on federal death row are non-white. Of the 156 federal death penalty prosecutions approved by the Attorney General since 1988, 74 percent of the defendants were non-white (governmentguide.com) . This shows that there is something definitely wrong with the judicial system. If this isn?t enough to convince you that the death penalty is wrong. Then people may need to look at other reasons.

The racism in these cases all show an unfair balance between the colored skins and the whites. In some opinions, this judgement was very unjust. The United States regretted most of it history due to this. Three Supreme Court cases forced millions of people to understand how far society must go to overcome racism: Dredd Scott vs. Sanford, Loving vs. Virginia, and Brown vs. Board.

What I found to be the most compelling is the information concerning racial bias and how some judges apply their bias toward offenders. You would think that living in the 21 century this type of behavior wouldn’t still be going on in our judicial system, but. To understand the fear of our nation toward those of Middle Eastern descent is not without merit. But to also know that measure have been taken to help ease the fear of these people is not without saying. Overall bias has no place in our judicial system.

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.

Being sent to Death Row is the highest prosecution a criminal could be sentenced to and the process when determining of someone deserves a death sentence is a very bias decision. Since 1977 when capital punishment was restored there has been about 20,600 homicides and only about .7 death sentences for every 100 homicides has been given in the Cook county. The decision to impose a death sentence is not only based on the crime done but also the race of the victim. Attorneys at a state level has a less formal guide when giving death sentences. It is commonly seen how race plays a major role in the justice system. As apart of attorney protocol of determining if the death sentence is given it is seen black males will be given a higher sentence versus a white male even if the crimes where similar. In this article “Disparities on Death Row” published in Grumman points out the unjustness in the justice system. Through ethos, pathos, and logos Cornelia Grumman effectively persuades her audience to spread the issues of capital punishment assignment.

The death penalty has become a racial problem as well. The US has struggled with prosecutors having and using their biases

In the courtroom, these stressors come out in full force. Although the Courts have “concluded that statistics alone do not prove that race enter[s] into any capital sentencing decision in any one particular case…” it is obvious that ethnicity becomes a factor (Ross 153). Countering the court’s argument, statistics have shown that in America, “blacks who killed whites were five and six times… more likely to be sentenced to death than whites who killed whites” (151). The reason for this is mainly due to jurors unintentionally letting race influence their decision making process. The in-group bias and ethnic boundaries described above cloud the jury’s judgment, seeking a stronger penalty for minority groups. Also, if the victim who was killed was someone with good