image: NAACP    image: gallowshumor
 
 
 

            Is the death penalty racially bias? This is a question which is constantly asked and continually answered. Most people believe that it is. Startling statistical information shows strong differences in the number of minorities sentenced to death compared to the number of whites. However, others believe that the statistics are too loose and outdated to prove any significant arguments. One side swears the race of the victim matters in who will be tried for the death penalty, another side claims that it is the race of the defendant that matters, and as always, there is that third party who believes no bias exists, just coincidence. Whether a bias exists or not, there is something going on and it is big enough to get the attention and intentional rejection from a lot of important people. The following sections argue that the death penalty is racially biased and that it is not. See what you think.....

1. THE RACE OF THE VICTIM MATTERS:

            Studies done nationally as well as in individual states show that the race of the victim is what decides whether the death penalty for the defendant will be pursued. A study conducted by Professor David Baldus in 1970's Georgia showed that killers of whites are 4.3 times more likely to get the death penalty than killers of blacks and other minorities. Baldus collected his data by reviewing 2500 homicide cases. Out of curiosity, The Stanford Law Review investigated other southern states to see if the pattern was similar. Among the states studied were Arkansas, Florida, Georgia, Illinois, Oklahoma, North Carolina, Mississippi, and Virginia. Convicts in Florida were found to have a 3.4 times greater chance of being sentenced to death if they killed a white than if they killed a black. Arkansas had a 3.5 times greater chance. Illinois had a 4 times greater chance. Our own state, North Carolina, had a 4.4 times greater chance of executing someone if they killed a white; and Mississippi had an overwhelming 5 times greater chance. Of the 197 death sentences carried out since 1977, Mississippi has executed only 1 white person for the murder of a black.
            In a local study conducted by the Charlotte Observer in Charlotte, North Carolina, they stated that 40% of murder victims in the Carolinas are white, and 70% of those who killed whites are now on death row. They found that blacks are three more times likely to get the death penalty for killing a white. Other interesting findings reported were that many investigators, prosecutors, jurors, and even defense attorneys used racially offensive language when a black is on trial. Amazingly, blacks are often dismissed from the juror selection process under the accusation that they are less likely to favor the death penalty. In 1986 the U.S. Supreme Court made a ruling to attempt to stop lawyers from dismissing blacks from juries for simply these reasons; but it is supposedly still very easy to dismiss a black from a jury by stating another excuse instead. Out of Charlotte's 55 prosecutors, only 2 are black. The Charlotte Observer announced that they were in favor of a moratorium in North and South Carolina until a conclusion or solution can be made.
            McClesky, a black man prosecuted for murdering a white police officer in Georgia was given the death penalty. Instead of pleading that he did not do it, he argued that statistical information backed the theory that the death penalty in Georgia depended of the race of victim as well as the race of the accused. He argued that since he was black and because the victim was white, he was given the death penalty. The court denied these accusations, claiming that he could not prove purposeful discrimination in this case.

              As of today, close to 50% of people on the nation's death row are from a minority population.  And since 1976, nearly 40% of people executed have been black, which is largely disproportionate considering that out of the entire United States blacks only make up 12% of the population.  Even more extraordinary is that since 1994, out of the 229 executions that have occurred, only one has involved a white defendant for the murder of a black person.  The statistics have clear proof that the race of the victim matters in the death penalty sentence.  The United States General Accounting Office recognizes this in their report, 'Death Penalty Sentencing', when they stated that, "The race of the victim was found to influence the likelihood of being charged with capital murder or receiving the death penalty."
Direct links to sources: NAACP
                                        McClesky
                                        http://www.aclu.org/death-penalty/
                                        http://www.progressive.org/mpbvdl200.htm
                                        http://www.deathpenaltyinfo.org/dpic.r05.html#sxn4
 
 
 
 

2. THE RACE OF THE DEFENDANT MATTERS:

        In a report from Washington, the United States Justice Department claims that the race of the defendant matters, as well as the geographical location of the trial. A survey ordered by Janet Reno showed that in the past 5 years, 75% of the cases in which a federal  prosecutor had sought the death penalty had a minority as the defendant. Over 50% of them were black. Since 1995, U.S. attorneys sought the death penalty for 682 defendants. Blacks made up 48%, Hispanics made up 29%, and whites made up only 20%. Many of the people who have conducted the studies want a moratorium to be placed of federal executions until the statistics can be sorted out and translated. Legal experts also found that states who bar the death penalty send fewer cases to the federal level, while states with a higher death sentencing rate send the most.

            Most of the studies done on the racial bias theory support the idea that the race of the victim matters as well as the race of the defendant. The combined factors are what attributes to the death penalty being pursued.  Therefore, if a black man killed a white man, he is slight chance of being more likely to be tried for capital punishment than a white man who kills a white man, and a much larger chance of being tried than a black man who kills a white man.
Direct links to sources: The Justice Department
                                          Breaking News
 
 

1. NO RACIAL BIAS:

            Out of 900 federal death penalty cases studied, no intentional bias was found.  BlackVoices.com claims that the reason more blacks and hispanics get the death penalty is because there are more minorities in the section of cases that carry the federal death penalty, such as murder and drug trafficking. Governor Jeb Bush of Florida continues the argument against a racial bias being present as he believes that all the data around is outdated and no longer applies.

2. AGGRAVATING FACTORS:

            Two examples of aggravating factors are defendants charged with multiple killings or defendants charged with a felony accompanying  the  homicide charges.  Juries are more likely to impose the death sentence on defendants with these aggravating factors. These factors less commonly accompany the murders of blacks, therefore defendants with a black victim are less likely to be given the death sentence than defendants with white victims. So, what may look like a racial bias, is really just these aggravating factors. Statistics supporting a racial bias in the death penalty are often shown in loose percentages with no real, hard evidence. In addition to the aggravating factors, a simple miscalculation in the number of white murderers could have taken place in their statistics. Studies show that whites rarely kill non whites, but 46% of homicide cases involved nonwhite killers and victims. Out of 3,592 cases only 3% involved a white defendant and a nonwhite victim. While it may look like non whites are tried for the death penalty more, it is just because they commit more crimes.
Direct links to sources: Nebraska
                                         Cramer, Elliot M. Death Sentences Don't Equal Bias
                                         http://sns.blackvoices.com/news/bv-deathpenalty.story?coll=by-news
                                         http://www.sptimes.com/news/040800/state/task_force_death_pen.shtml
 
 

1. THERE IS A RACIAL BIAS:

           There is no doubt to us that there is a racial bias. Even if the statistical information presented by the many studies are not completely correct, it is obvious that there is a bias present towards minorities involved in crimes. The evidence that there is a bias by far outweighs the evidence that there is not one. Arguing that the aggravating factors are what cause the unintentional bias does not account for the extreme discrepancy shown in the charts. It is hard to completely trust the statistical information because everyone has different numbers. Most who have done studies, however, agree that if a minority is convicted of killing a white, he is more likely to be given (or at least tried for) the death penalty. There is probably a bias against minorities, especially blacks, when it comes to large crimes. There is also more value placed on white life because as a whole they are looked upon as being more conservative and predictable people. These combined factors create a large bias, so when a black is tried for killing a white, the odds are against him. It does not help either that most blacks are dismissed from juries because they are less likely to convict "their people" of being a murderer and sentencing them to death. It also does not help that anyone who is against the death penalty is dismissed from a jury during the selection process. The defendant has a much larger chance of being sentenced to death if everyone on the jury is for the death penalty. So in our opinion, yes, there is a bias against minorities and alleged killers of whites. What to do about it? Well, there really is nothing. The problem stems from the fact that racism still exists in our world. That is probably why the death penalty numbers are higher for minorities in the south. Until our world changes and prejudices are no longer placed on people,  we can not listen to different sides of the story without forming our own bias opinion first. Until our minds are completely clear of assumptions, a bias will remain on our streets and therefore indefinitely in our court rooms.