Capital Punishment

Comparing the racial composition of American society to the racial composition of death row inmates, the data shows blacks, Hispanics, and others make up nearly half of the death row inmates. Despite making up the minority of the population. Whites make up the majority of death row inmates and correspondingly make up the majority of the population.

The article that I read about the racial bias of the death penalty in the U.S. by David Love explained how southern states are responsible for the vast majority of African American executions in the United States. Love explicitly stated that “the application of the U.S. death penalty is unfair, arbitrary, and racially biased.” Most disturbingly, the article explained that whether or not a capital punishment defendant receives the death penalty does not depend on the facts of the case but more so on the race of the defendant and the race of the victim. Moreover, even the county in which the case was prosecuted can play a role in capital punishment sentencing.

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.

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.

Nearly 80 percent of murder victim in cases resulting in an execution have been white while 50 percent of murder victims are white 82 percent was found to influence the likelihood of being charged with capital murder or receiving the death penalty.Senator RussFeingold stated "we simply cannot say we live in a country that offers equal justice to all Americans when racial disparities plague the system by which our society imposes the ultimate punishment" (senator RussFeingold 108th congress 2003). A 2007 report concluded that one-third of African American death row inmates in Philadelphia would have received sentence of life improsement if they had not been African-American.In 1990, non-partisan US General Accounting found a pattern of evidence Indicating racial Disparities in the charging, sentencing, and imposition of death penalty (Feb 1,2001)."Justice is never advanced in the taking of a human life"(Writer Activist and Civil Rights Leader Coretta Scott King Feb7, 2006).

Race was raised as an issue in the criminal justice debate when the U.S. Supreme Court held in Batson v. Kentucky (1986) that a prosecutor who strikes a disproportionate number of citizens of the same race in selecting

Capital punishment also reflects racial disparity. Between 1977 and 1984, the state of Texas executed 13 African Americans who were

Statistics prove that for many years the death penalty has fallen disproportionately on racial minorities in the United States. For example, since 1930

At the prosecution stage, African Americans are subject to racially biased charges and plea agreements (TLC, 2011). African Americans are less likely to have their charges dismissed or reduced or to receive any kind of alternate sentencing than their white counterparts (TLC, 2011). In the last stage, the finding of guilt and sentencing, the decisions of jurors may be affected by race (Toth et al, 2008) African Americans receive racially discriminatory sentences from judges (TLC, 2011). A New York study from 1990 to 1992 revealed one-third of minorities would have receive a lesser sentence if they were treated the same as white and there would have been a 5 percent decrease in African Americans sent to prison during that time period if they had received the same probation privileges (TLC, 2011). African Americans receive death sentences more than whites who have committed similar crimes (Toth et al, 2008). Because of the unfair treatment from the beginning to the end of the justice system there is an over represented amount of African Americans in prison (Toth et al, 2008). Some of the problems faced by African Americans in prison are gangs, racial preferences given to whites, and unfair treatment by prison guards (Toth et al, 2008).

96% of states have found patterns of discrimination. Since 1977, 48.6% of the death penalty has been used on caucasian criminals, 40.9% on African American criminals, 8.9% on latino criminals, and 1.6 on

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.

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).

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

Racism has always been an issue in our society. Throughout history, minorities have been misrepresented in the justice system, especially in cases where the outcome is death. In early American History, blacks were hanged for breaking any informal laws. Back then, killings occurred without any type of dues process. In the 1960s the National Association for the Advancement of African Americans (NAACP) believed that African Americans received the death penalty more frequently than members of other groups. “According to data from Death Penalty Information Center (DPIC), 55% of death row inmates are black or Hispanic”

Racism exists in the death penalty. The majority of death row defendants "since 1977 were executed for killing whites despite the fact that whites and blacks are victims of murder in approximately equal numbers". For instance, "in Texas, blacks found guilty of killing whites were found to be six times more likely to receive the death penalty than whites convicted of killing whites". More black people are likely to receive the death penalty than white people who may have committed the same crimes. This has got to stop. The judicial system should not sentence a person to death because of the color of a persons skin. The judicial system cannot say that the death penalty is right when situations such as these are going on in the United States. There is still too much prejudice and hatred for one another; this makes giving a person the death penalty unfair and unjust. What also get to me is how black people who kill blacks; their sentencing may not be as severe as it would