The death
penalty
Is Racially
Biased
Source
Racial Bias-preferential treatment of one race over the other. In this case, lesser sentencing of whites over minorities or any unequal treatment between the two groups.
Different
forms:
Lesser sentences to white defendants
Lesser sentences when victim is a minority
Prosecutors making race an issue
i.e. calling minority defendants by racial stereotypes
Excluding minorities from jury duty
-excluding individuals without a valid reason
-For racial bias, it would be in cases involving mainly black defendants.
The prosecutors have
used their challenges to create all white juries, which increase convictions
of black defendants.
Racist representation of defendants from their lawyers
-when court appointed lawyers are incommpetent and openly bigoted against
minority defendants
-An example would be when discussing thhe case, or in a closing statement,
the lawyer of the
defendant refers to their client in a stereotypical or bigoted way.
-ex. Wilburn Dobbs of Georgia referred to his client during the trial using
racial slurs, such as the
word, “nigger.” Or when, Ramon Mata, a Hispanic man, was sentenced
to death in Texas in 1986
by an all white jury after his attorney agreed with the prosecutor, agreed
to the removal of all
potential non-white jurors. Another example, was when Gary Burris,
black, was described to the
jury in closing arguments as a “insignificant, snivelly little street person.”
Racial Bias in the deliberation room
-Juries deliberate behind closed doors,, to eliminate bias.
-An example would be if the jurors are less impartial to than the requirement
of justice would
demand. In other words, they bring personal bias into the jury room.
-ex. Capital Jury Project with innterviews of more than 1000 jurors
who have served in death
penalty trials in 14 states shows that there are racial attitudes and stereotypes
that the jurors display
during interviews and that likely affected their decision. One juror
quoted, anonymously, that, “he
[the defendant] was a big man who looked like a criminal…he was big and
black and kind of ugly.
So, I guess when I saw him, I thought, this fits the part.”
Bias of judges
-the judge should be impartial over thee trial
-An example would be when they are not neutral over the trial.
-ex. In Missouri in 1991, Judge Earl Bllackwell made a statement criticizing
the Democratic party for
its representation of minorities, including homosexuals and people with
skin colors, “that’s any
color but white.” Judge Blackwell, after an investigation revealed
that he was opposed to many
things such as integration, which probably contributed to his racial bias
against the whole trial,
against Kinder (a black man who was on trial for homicide, and was sentenced
to death row.)
Prosecutorial discretion
-choosing whether or not to seek the deeath penalty
-An example of this form of bias would be seeking the death penalty only
if the defendant is a
minority.
Sometimes
the death penalty is sought more for one race or the other.
White defendants
were sought after the death penalty far less than minorities.
The number of minority defendants was 72%.
In July of
2000, it is shown that only 21% were wrote whereas 79% were
minorities
on death row.