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Racial discrimination in the death penalty
Racial bias in sentencing
Racial discrimination in the death penalty
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Capital Crimes and the Death Penalty Capital Offenses Capital offenses are crimes against the State or the Country. These crimes are not limited to death of one victim, but also include treason, espionage, genocide, and terrorism that result in death. Capital offenses vary on the state and federal level. State offenses that result in the death penalty are homicide cases with an average of 10 aggravating factors, and in some cases the aggravated sexual assault of a minor especially under 13. This was debated as being unconstitutional under the decision handed down by the Supreme Court in the case of Kennedy v. Louisiana (2008). The Supreme Court ruled that in this specific case where the aggravated rape of minor did not result in death, it was …show more content…
Since 1976 there have been 1,434 executions in the United States, and additionally of those executions since 1973, 156 of those on death row were exonerated (Facts About the Death Penalty, 2016). In 2012 the National Research Council released a report titled Deterrence and the Death Penalty, citing that studies claiming there was a correlation with the death penalty and lower homicide rates. However this is not true, the death penalty has no effect on crime especially homicide rates. Additionally it is negligent of policy makers to rely on such reasoning in determining the continued validity of the death penalty for a wide variety of capital crimes. Separate studies conducted between 1993 through 2014 reveal that there are racial bias undertones that result in black defendants being sentenced to the death penalty more often when the victim is white, than vice versa. Given the racial stereotypes surrounding African-Americans in regards to drugs, and the now known ungrounded “War on Drugs” subjecting those who traffic in large quantities of drugs to the death penalty would be an egregious misuse of the judicial system with its variety of
Many people are led to believe that the death penalty doesn’t occur very often and that very few people are actually killed, but in reality, it’s quite the opposite. According to the Bureau of Justice Statistics, 1,359 people have been executed as a result of being on death row since 1977 to 2013. Even though this form of punishment is extremely controversial, due to the fact that someone’s life is at stake, it somehow still stands to this very day as our ultimate form of punishment. Although capital punishment puts murderers to death, it should be abolished because killing someone who murdered another, does not and will not make the situation any better in addition to costing tax payers millions of dollars.
Human rights experts have reported that in the 70s, African Americans in the U.S were already being overrepresented in drug arrests, with twice as many arrests as Caucasians (Fellner, 2009). Since the war on drugs began, African
The majority of our prison population is made up of African Americans of low social and economic classes, who come from low income houses and have low levels of education. The chapter also discusses the amount of money the United States loses yearly due to white collar crime as compared to the cost of violent crime. Another main point was the factors that make it more likely for a poor person to be incarcerated, such as the difficulty they would have in accessing adequate legal counsel and their inability to pay bail. This chapter addresses the inequality of sentencing in regards to race, it supplies us with NCVS data that shows less than one-fourth of assailants are perceived as black even though they are arrested at a much higher rate. In addition to African Americans being more likely to be charged with a crime, they are also more likely to receive harsher punishments for the same crimes- which can be seen in the crack/cocaine disparities. These harsher punishments are also shown in the higher rates of African Americans sentenced to
United States Punishment and Prejudice: Racial Disparities in the War on Drugs (Vol.12, No.2 (G)). New York: Human Rights Watch. Retrieved April 12, 2005, from Human Rights Watch Web site: http://www.hrw.org/reports/2000/usa/Rcedrg00-01.htm. ACA Policies and Resolutions -. (2004, October ). The.
In summary, Radelet & Borg (2000) draw three general observations from the data. First, there have been significant changes in the arguments made for and against the death penalty in the United States. While the case of cost is admittedly not as clear as the other areas, retribution has become the only real justification for capital punishment. Second, countries around the world have been, and continue to be, declining in their usage of the death penalty. Last, social science scholars are being listened to. More research is being published on key issues, and changes are being implemented, albeit seemingly slowly, in accordance with research conducted by criminologists.
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).
Although capital punishment may seem like the perfect deterrent it does not lower the crime rate. According to FBI data, states that have abolished the death penalty have homicide rates consistent with or below the national rate.(Diehm)
Bobo and Thompson stated that blacks are almost 34% involved in drug-related arrests, though only 14% of those are among regular illegal drug users. Among drug-related convictions, African Americans make up half of the cases, whereas only 26% of the white population is convicted. As Bobo and Thompson stated, “Illegal drug consumption seems to be a race. Incarceration for drug-related charges, however, is something visited in a heavily biased manner on African Americans.” The war on drugs is greatly concentrated on cocaine and even more so on crack cocaine.
or hundreds of years people have considered capital punishment a deterrence of crime. Seven hundred and five individuals have died since 1976, by means of capital punishment; twenty-two of these executions have already occurred this year (Death Penalty Information Center). Many U.S. citizens who strongly support the death penalty believe that capital punishment remains the best way to protect society from convicted killers. I, however, disagree; I do not feel that execution best punishes criminals for their acts. Instead, in my opinion, the administration of the death penalty should end because it does not deter crime; it risks the death of an innocent person, it costs millions of dollars, it inflicts unreasonable pain; and most importantly it violates moral principles.
Robert Lee makes many arguments to argue justification of capital punishment in his article, “Deserving to Die.” Some of the stronger ones involve the deterrent effect of the use of the death penalty, why the cost of execution is so high, and how the use of the death penalty increases overall public safety. In Lee’s first argument, he argues that the use of capital punishment helps reduce overall crime by acting as a deterrent to crime. In at least one respect, capital punishment is unquestionably a deterrent, as Lee puts it, “It simply cannot be contested that a killer, once executed, is forever deterred from killing again” (142). Of course, a deceased killer can never kill again, but the effect that death penalty has on others, potential future criminals, is the important question. Lee argues that whether or not it is a deterrent, relies on how swiftly and surely the death penalty is executed. The majority of people are afraid of dying, and if they could choose, would prefer not to die anytime soon. This proves how the death penalty can be a deterrent to other potential criminals to not kill someone, out of fear that they will be put to death themselves. There have also been some circumstances where actual statistical evidence proves the deterrent effect of capital punishment. In the time since the Utah Supreme Court ruled in 1976 that capital punishment be legalized again in the state, there have been three executions. After each of the executions, specifically the year after the executions took place, there were significant decreases in both the number and the rate of murders within the state, compared to previous year(s) (Lee 143). Lee himself does acknowledge that of course there are other variables that could have influence...
While one person lays with their wrists circumscribed to the worn leather of the gurney, another person holds two skin-piercing needles. The individual holding the needles is an inexperienced technician who obtains permission from the United States federal government to murder people. One needle is held as a precaution in case the pain is too visible to the viewers. Another dagger filled with a lethal dosage of chemicals is inserted into the vein that causes the person to stop breathing. When the cry of the heart rate monitor becomes monotone, the corrupt procedure is complete. Lying in the chair is a corpse when moments ago it was an individual who made one fatal mistake that will never get the chance to redeem (Ecenbarger). Although some people believe that the death
A review of the available evidence recently led a National Research Council committee to conclude—again—that we still do not know whether the legal status or use of capital punishment has any influence on homicide (Siennick, 2012). Research methods have shown that a short-term deterrent effect holds true only for non-felony homicides. Felony homicides actually increase slightly after an execution (Siennick, 2012). According to research done in Texas, felony homicides are the only type of homicides that are eligible for the Death Penalty. This does pose a problem for determining whether or not the Death Penalty is an effective deterrent or not. Land et al. suggests that their findings point to subtypes of potential murderers who might respond differently to the threat of execution (Sien...
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 or capital punishment is a controversial topic that many people like to ignore, or put on the back burner. The death penalty is a sentence, while capital punishment is the actual execution. It is wrong and immoral. In extreme crime cases where the death penalty would be considered, life without parole is the better consequence. Innocent people could, and have been put to death wrongfully. Racial bias, along with multiple other problems that this consequence holds shows why this sentence is an issue. Despite many flaws this sentence holds, states still actively use it. As of now, there are thirty-one states with the death penalty. The conversation is split between two groups. The people who want to abolish that sentence, and
Americans have argued over the death penalty since the early days of our country. In the United States only 38 states have capital punishment statutes. As of year ended in 1999, in Texas, the state had executed 496 prisoners since 1930. The laws in the United States have change drastically in regards to capital punishment. An example of this would be the years from 1968 to 1977 due to the nearly 10 year moratorium. During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes.”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment. While we may all want murders off the street, the problem we come to face is that is capital punishment being used for vengeance or as a deterrent.