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The death penalty and race
Racial discrimination and capital punishment
Supreme court cases
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The death penalty, also known as capital punishment, is exactly how it sounds. The convicted is sentence to death because of the heinous crimes they have committed by the legal process. “Most death penalty cases involve the execution of murderers although capital punishment can also be applied for treason, espionage, and other crimes” (ProCon, 2014, para1). The eighth amendment protects people from excessive bail, excessive fines imposed, or cruel and unusual punishments. The courts would have to find the death sentence to be proportional to the crime they had committed. The issue with implementing capital punishment, other than the possibility of innocence, is racial and gender disparities within the sentencing.
According to the American Civil Liberties Union (2011), “More than an estimated 15,269 Americans have been executed since the inception of the death penalty dating back to colonial times” ( para 1). There have been 1,348 people sentenced the death penalty since 1976. Of the 1,348, 56% were white offenders, 35% black, and 7% were Hispanic (Statistics Brain, 2014). While there does not seem to be a racial bias in the actual sentencing, 76% of the victims were white. This gives a major implication that if the defendant were to kill a white person, their chances of being one of those previously mentioned statistics, increase dramatically. The Death Penalty Information Center (2014) studies found that black defendants with a nonblack victim had a heightened chance of the death penalty over any other combination whether it is white murdered black, black murdered black regardless of the severity in which the crimes were committed
Racial minorities only make up 35% of those that had been sentenced to the death penalty however, ...
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Death Penalty Information Center (2014) STUDIES: Racial Composition of Jury Pool Strongly Affects Probability of Convicting Black Defendants retrieved from http://www.deathpenaltyinfo.org/studies-racial-composition-jury-pool-strongly-affects- probability-convicting-black-defedants
Death Penalty Information Center (2014) Women and the Death Penalty
Retrieved from http://www.deathpenaltyinfo.org/women-and-death-penalty
ProCon.org (2014) Should the Death Penalty be Allowed retrieved from http://deathpenalty.procon.org/
Statistics Brain (2014) Death Penalty Statistics retrieved from http://www.statisticbrain.com/death-penalty-statistics/
West's North Carolina General Statutes Annotated Currentness Chapter 15A. North Carolina Racial Justice Act (2013) retrieved from http://www.ncids.org/Motions%20Bank/RacialJustice/AmendedRJA.pdf
Racial discrimination has been an immense problem in our society for a very long time. The fact that the race of a victim plays a role in his or her sentencing is appalling. Discrimination within our society needs to come to an end. It’s frightening to think that if you are a minority facing a capital punishment case, which you might be found guilty only because of the color of your skin.
Dieter, Richard C. "Innocence and the Death Penalty: The Increasing Danger of Executing the Innocent." DPIC. Death Penalty Information Center, 1 July 1997. Web. 12 Dec. 2014. .
The author omits critical information about many factors, which could explain the higher rate of severe sentences for African Americans than White Americans other than racial injustice. The article, “Possibility of Death Sentence Has Divergent Effect on Verdicts for Black and White Defendants” by Jack Glaser, et al. provides an excellent analysis of the racial disparities that Cholbi mentions. Glaser provides clear evidence of how factors such as sentence severity and jury selection can influence sentencing. The authors also discuss how African Americans are though of when discussing crime and how African Americans are considered like apes. However the article discusses how these assumptions comply with African-American behavior; “There is also evidence that in the context of criminality, there is a relatively strong association between Black men and apes. It follows that insofar as Black people may be viewed as being less worthy of humane (or even human) treatment, concerns over punishment severity (even death) would be less consequential” (Glaser et al. 541). The authors stimulate an experiment through mock jurors and found no concrete evidence to suggest banning capital punishment due to racial discrimination. Therefore Glaser et al. does a superior argument when compared to
One could argue that race and ethnicity shows up a great deal in sentencing more than any other stage in our justice system. If we look at cases from the past, we can see a lot of examples of disparity amongst different ethnic groups. African Americans for example were sentenced to harsh imprisonment or death for crimes they may or may not even committed, as opposed to non-African Americans who either got off free or were sentenced to only a few months. For example, in the past African American male who committed rape against a white female would be sentenced harshly, however, a white person who committed rape against a African American female would serve little to no jail time, and this is still occurring today, maybe not as overtly as the past. Disparities of different ethnic groups occurred then as much as does now. Minorities are still being harshly punished in our justice system. Minorities serve a higher chance of being sentenced in comparison to non- minorities by a long shot. According to an article posted on the Huffington post, minorities are directly targeted and are sentenced to harsher sentences than whites. In the article written by Bill Quigley, called “Fourteen Examples of Racism in Criminal Justice System”, he states that, “U.S. Sentencing Commission reported in March 2010 that in the federal system black offenders receive sentences that are 10% longer than white offenders for
Most death row inmates are members of minority groups that tend to be poor. The fact they are on death row can be explained as a direct result of their marginal economic status. These alleged criminals receive legal representation that is not adequate for the serious crimes of which they are accused, simply because they cannot afford to pay for expensive defense attorneys (The Death Penalty). In virtually all cases of indigent defendants, underpaid and less experienced Public Defense attorneys are appointed by the court to represent the accused. Investigative monies are usually limited or nonexistent. This is one reason why minorities are over-represented on death row. More affluent white defen...
Racial Disparities in the Criminal Justice System “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,” stated Senator Russ Feingold. Even though racism has always been a problem since the beginning of time, recently in the United States, there has been a rise in discrimination and violence has been directed towards the African American minority primarily from those in the white majority who believe they are more superior, especially in our criminal justice system. There are many different reasons for the ethnic disparities in the criminal justice system between the majority and the minority, but some key reasons are differential involvement, individual racism, and institutional racism to why racial disparities exist in Institutional racism is racism that is shown through government organizations and political institutions. In a report done by David Baldus in 1998, he discovered that when it comes to the death penalty, blacks are more likely sentenced to death than whites, and those who kill whites are more likely to be given the death penalty than the killing of blacks (Touré).
Love, A. David. “The Racial Bias of the Us Death Penalty.” The Guardian: January 3, 2012.
The unfair imbalance between the capabilities of the prosecution and the public defense is a recipe for a guilty verdict to whoever cannot afford adequate representation. The obvious issue being that the most commonly accused lower class citizens will have the most difficulty proving their innocence. Two out of three convictions are overturned due to prosecutorial misconduct or serious incompetence of court-appointed defense attorneys showing the public defense system is a broken and does not provide equal justice(Source 1). The capabilities of the defense is based on the defendant's status since better lawyers cost more money, therefore a poor innocent man would have a higher chance of being put to death than a wealthy man who was guilty but had a strong defense. Race also plays a role in the sentencing of capital punishment. A ACLU study has shown that people of color are far more likely to be executed than white people(Source 2). Although white people make up about fifty percent of murder victims, they are about seventy five percent of the victims of cases resulting in execution(Source 2). African Americans also make up fifty percent of the population on death row even though they
Race plays a large factor in showing how you are viewed in society. Although there is no longer slavery and separate water fountains, we can still see areas of our daily life clearly affected by race. One of these areas is the criminal justice system and that is because the color of your skin can easily yet unfairly determine if you receive the death penalty. The controversial evidence showing that race is a large contributing factor in death penalty cases shows that there needs to be a change in the system and action taken against these biases. The issue is wide spread throughout the United States and can be proven with statistics. There is a higher probability that a black on white crime will result in a death penalty verdict than black on black or white on black. Race will ultimately define the final ruling of the sentence which is evident in the racial disparities of the death penalty. The amount of blacks on death row can easily be seen considering the majority of the prison population is black or blacks that committed the same crime as a white person but got a harsher sentence. The biases and prejudices that are in our society relating to race come to light when a jury is selected to determine a death sentence. So what is the relationship between race and the death penalty? This paper is set out to prove findings of different race related sentences and why blacks are sentenced to death more for a black on white crime. Looking at the racial divide we once had in early American history and statistics from sources and data regarding the number of blacks on death row/executed, we can expose the issues with this racial dilemma.
The death penalty is the only punishment in some criminal cases. Society feels as though justice is served when criminals receives what is deserved of them. Most people agree that justice is served when the punishment fits the crime.” The death penalty in the U.S is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving death of a victim. Only two people were on death row for a non-murder offense, when the U.S. Supreme Court addressed this issue of 2008. No one has been executed for such a crime since it was reinstated in 1976”. No one has been executed since 1976. The death penalty is probably the best choice of some of the corrupted people out here since some of them can make it in and out of prison no problem and still commit crimes.
The Death Penalty should be discontinued to the families, human rights, and statistics. The families of the victim and the family of the one, who committed the crime, have no closure at all. The death penalty is killing a human for being convicted of a terrible crime one family may think its right but both suffer by their lost ones. “Although true closure is never really possible for the families, studies have shown that the continual process, along with the returning to court for many years, force families to confront the gruesome details of the crime many times over, making it impossible to get on with their lives. As difficult as that is the question is weather the victims needs are met effectively by killing someone else and causing another family grief and pain as well as adding to the cycle of violence.” (Progress) As both families do not want to see each other because they all have pain and hate for one another. They both relive the last memories of their loved one and they can’t help but cry and stare at the pictures they were once happy in. The families both have sadness when its their loved ones birthday. If the victim is married or have kids, their kids suffer and the husband/wife suffer as well. Although the families will never get there loved one back they still suffer on what had happen. Both families blame one another for having to take flowers, to their dead family member or visit their family member in a cemetery because of what happen. None of them is truly happy that they lost a family member. The families miss the person who seemed so happy, and also know that they are in a better place watching over them. Although the families aren’t happy about losing them, but are relieved to know that nothing else can hurt them. As one family feels sorry for the other family, there could be the family that doesn’t care what happens but wants everyone to suffer the way they are suffering about the tragic death of one family member.
Death penalty in the USA are usually handed out on the basis of racism against the minority and/or more times and harshly murder victims being white.
The statistics say that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976, only ten executions have involved a white defendant who killed a black victim.... ... middle of paper ...
The heaviest punishment towards convicts is death penalty in law. It means to atone for an offense is dead. Of course, it will not execute for every criminal. Death penalty is only for felons. For example, a people who murdered someone would not get the death penalty. The death penalty is for murders who related to the smuggling of aliens or committed during a drug-related drive-by shooting. Sometimes, however, the felons also can avoid the death because some countries (or actually states) don’t allow death penalty. Then, what decision would the convict get? It is a life sentence, which means the prisoner should be in a prison until he or she dies. However, it is not good idea to keep felons. Death penalty should be allowed and get more active because life sentence is costly, unsafe, and insincere for a victim and the family.
Capital punishment is the punishment of death for a crime given by the state. It is used for a variety of crimes such as murder, drug trafficking and treason. Many countries also have the death penalty for sexual crimes such as rape, incest and adultery. The lethal injection, the electric chair, hanging and stoning are all methods of execution used throughout the world. Capital punishment has been around since ancient times; it was used in ancient Rome, and one of the most famous people to be crucified was Jesus Christ. Capital punishment is now illegal in many countries, like the United Kingdom, France and Germany, but it is also legal in many other countries such as China and the USA. There is a large debate on whether or not capital punishment should be illegal all over the world as everyone has a different opinion on it. In this essay, I will state arguments for and against the death penalty, as well as my own opinion: capital punishment should be illegal everywhere.