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Racial discrimination and capital punishment
Racial discrimination and capital punishment
The death penalty effect on America
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Bryan Stevenson’s Just Mercy is a reflection on the justice system in the United States and how minorities are treated without justice in the system. In his book, Stevenson has countless excerpts of his cases where he fights injustice in the system for women, children, minorities, and the poor. Bryan Stevenson is an African-American lawyer who was born in a rural town. His grandfather was stabbed to death, so from a young age, Stevenson knew what it was to feel the loss of a family member, but he was also raised to forgive. Stevenson was able to understand the pain of having a family member murdered. He went to Harvard Law, and was rather out of place as it was his class was heavily white. He became first introduced to people on death row through …show more content…
“The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes,” (Death Penalty Information Center, “Introduction to the Death Penalty”). Capital Punishment has also been in various other codes such as Seventh Century B.C.'s Draconian Code of Athens, where death became the sole punishment for all crimes. People have argued that the death penalty is a violation of amendment VIII, that bans cruel or unusual punishments. Advocates against it have argued the imperfection, the possibility that the defendant is innocent, and inhumanity of capital punishment. In the United States, there are 31 states that still have the death penalty, four of which have a gubernatorial moratoria, a suspension of the death penalty. All states that practice the death penalty and the federal government use lethal injection as the primary execution method. Protocol varies from state to state as they use either a one, two, or three-drug protocol. The three-drug protocol generally starts with a sedative or anesthetic, proceeded by a drug to paralyze the prisoner, pancuronium bromide, and potassium chloride which stops the heart. A lethal dose of anesthetic or sedative is typical for the one or two drug protocols. …show more content…
In many cases, bias piles up resulting in an unfavorable situation for African-American defendants. According to research done by Richard Dieter for “The Death Penalty in Black and White: Who Lives, Who Dies, Who Decides” compared to all other eligible defendants, African-Americans have a 40% higher rate of being sentenced to death. One main cause, Dieter concluded, was that almost all prosecutors who make the decision whether or not to give the death penalty are white, in fact 98% are white, which is a factor in the racial imbalance in the practice of the death penalty. Another element in the racial disparity regarding capital punishment, is that prosecutors fail to treat the family of the victims depending on race equally. While often times prosecutors reach out to white families about whether or not the death penalty should be pursued but failed to do the same for the families of an African-American victim. The emotional decision of the distraught white families to push for the sentencing of the suspect’s death is a cause of why, despite African-American victims being over 60%, almost 80% of people on death row are in for committing crimes against white people. Among other things, juries play a big role in the role of race in capital punishment. Despite Batson v. Kentucky which ruled the expulsion of jurors based on race
The non-fiction text I decided to read that led me to my topic of Capital Punishment is titled, Just Mercy by attorney-at-law Bryan Stevenson, and it provides stories of a lawyer who wanted to bring justice to the court system by helping men, women and children, sentenced to death row by helping them obtain their freedom. The book first begins with a back story of the Mr. Stevenson. Bryan Stevenson is a graduate from the law soon of Harvard. His interest in Death Row cases grew when the law office he was interning for sent him to talk to a man, Walter McMillian, who was sentenced to death row after wrongfully being accused of a murder he did not commit and was framed for. Mr. Bryan helped him, and Walter was eventually released about six years in death row. In the book, Mr. Stevenson goes through many cases that he has taken upon, some failures and some great success. The people Bryan helped were mostly minorities who faced racial bias at the time of their trial. He represented not only men, but also children. There’s stories about how a woman whose baby was born dead was sentenced to prison
In the book Just Mercy by Bryan Stevenson is a memoir where Bryan Stevenson guides us through his life as a lawyer for those who are death sentence. From 1983 when he was student at Harvard Law to 2013 where he lost a client he was defending for years , he takes us through several cases he has taken over the years and showed how they personally impacted him as not only as a lawyer , but a person as well.
The novel, Just Mercy, by Bryan Stevenson is an incredible read. In this book, Mr.
Just Mercy’s Bryan Stevenson exposes some of these disparities woven around his presentation of the Walter McMillian case, and the overrepresentation of African-American men in our criminal justice system. His accounts of actors in the criminal justice system such as Judge Robert E. Lee and the D.A. Tom Chapman who refused to open up the case or provide support regardless of the overwhelmingly amount of inconsistencies found in the case. The fact that there were instances where policemen paid people off to testify falsely against McMillian others on death row significantly supports this perpetuation of racism. For many of the people of color featured in Stevenson’s book, the justice system was unfair to them wrongfully or excessively punishing them for crimes both violent and nonviolent compared to their white counterparts. Racism towards those of color has caused a “lack of concern and responsiveness by police, prosecutors, and victims’ services providers” and ultimately leads to the mass incarceration of this population (Stevenson, 2014, p. 141). Moreover the lack of diversity within the jury system and those in power plays into the already existing racism. African-American men are quickly becoming disenfranchised in our country through such racist biases leading to over 1/3 of this population “missing” from the overall American population because they are within the criminal justice
Just Mercy touches on the idea of racial inequality and profiling the modern day american justice system by bringing us to a variety of cases that demonstrated this injustice. Bryan Stevenson also referenced an experience he personally had where he was being targeted by authorities for no good reason other than racial profiling. This theme of racial injustice and profiling connects Just Mercy to To Kill a Mockingbird. This idea is brought upon in To Kill a Mockingbird with Tom Robinson’s court case in which he is accused of committing rape. Many people judged Atticus Finch for defending Tom, not because of the allegations of committing rape, but rather the fact that he was defending a black man. Further proving the point that the contents in To Kill a Mockingbird can still be valuable today.
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.
By coming into the country, other races are denied of superiority and are exposed to an already “racialized society”. (pp.78) Oppression also comes into place with hierarchy, such as the “Bonds of Sisterhood” by Romero that portrays a difference between African American servants and housewives. It sets up an inequality between both women, showing inferiority over African American woman. One last reading that has emerged and captivated attention is Just Mercy by Bryan Stevenson. Stevenson expresses oppression in one of his own narratives when he was discriminated by two S.W.A.T officers. He describes his experience terrifying yet shocking since he had done nothing wrong. He was accused of a burglary based on the color of his skin because he lived in a white neighborhood. Not only that, but he was also investigated and searched which violated his rights. This unlawful act portrayed the ignorances for complex, multiple, and cross cutting relationships because Stevenson was an educated lawyer; yet, was seen different by the two officers in his own residence. Overall, Stevenson’s book has captured attention since it has given an experience of what he went
There were many innocent people that were punished for crimes they did not commit because they could not afford adequate counsel. Being poor and black can become a life or death situation. I believe that both books makes very valid points when it comes to mass incarceration and racial biases. The injustices have become so engrained in the system that many are blind to what is actually going on. More and more black men are becoming incarcerated and this is not because more blacks commit crime, so why then are so many being institutionalized? I believe it is to try to regain that power that was lost from the abolishment of slavery. The New Jim Crow highlighted the creation of the new racial caste system by revealing that the conception of this permanent segregation was implanted well before the Civil Rights Movement ended (Stevenson, 2014). While Just Mercy pinpoints the aftermath of a preconceived idea. It showed that America operated off of fear and anger, rather than truth and
Humanity instructs us that we must behave with tolerance and respect towards all. Just Mercy exemplifies how that is not the case for many Americans. Critical Race Theory is a theory which focuses on the experiences of people who are minorities. It argues that people who are minorities in the United States are oppressed and, because of the state of being oppressed, creates fundamental disadvantages (Lecture 4.7). A study conducted for the case McCleskey v. Kemp revealed that when a black defendant killed a white victim, it increased the likelihood the black defendant would receive the death penalty (Stevenson, 2014). Looking at this fact through the lens of a critical race theorist, it illustrates how unconscious racism is ignored by our legal system. The actuality that, statistically, people of color have a higher chance of getting sentenced to death than white people is a blatant example of inequality. In Chapter 8, Stevenson discusses the case of multiple juveniles who were incarcerated and sentenced to death in prison. These juveniles who were sent to adult prisons, where juveniles are five times more likely to be the victims of sexual assault, show an innate inequality towards minors (Stevenson, 2014). Ian Manuel, George Stinney, and Antonio Nunez were all only fourteen-years-old when they were condemned to die in prison. Although they did commit crimes, the purpose of the juvenile justice system is to rehabilitate young offenders. Trying juveniles in adult court represents a prejudice against age, which Stevenson sought to fight by working on appeals for Manuel and Nunez (Stevenson, 2014). His humanity shines through once again, as he combats the justice system to give the adolescents another chance at life, rather than having them die in prison. The way prisoners with mental and/or physical disabilities are treated while incarcerated is also extremely
A study of race and jury trials in Florida published last year in the Quarterly Journal of Economics, found that “conviction rates for black and white defendants are similar when there is at least some representation of blacks in the jury pool.” But all-white juries are a very different story—they convict blacks 16% more often than they convict whites (2).
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
In several cases and studies, there is a substantial amount of racial bias in the criminal justice system. In fact, the 1978 McClesky conviction has proven to support Baldus’s study in 1998. Warren McClesky, an African American male, was found guilty of killing a Georgia police officer. The legal team who represented McClesky exposed a study that showed how biased racial inequality is in the death penalty, but the court contended the argument because “disparities in sentencing are an inevitable part of our criminal justice system” (Touré). Furthermore, race has always been a serious matter in the Supreme Court and other government administrations, but they fail to recognize the
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.
To start off, I will discuss the history of the death penalty. The first established death penalty laws date as far back as the Eighteenth Century B.C. in the code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. Death sentences were carried out by such means as crucifixion, boiling, beheading, drowning, beating to death, burning alive, and impalement.
For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever. The statistics says 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 involved a white defendant who had killed a bl...