Jan 23rd, 2009
Posted by Brian Stull, Capital Punishment Project at 11:10am	Capital Punishment, Racial Justice

Death Penalty Maintains Racial Inequality

The inauguration of Barack Obama, one day after Martin Luther King Jr. Day, has prompted a healthy discussion in the nation about racial and socioeconomic inequality.

As part of that discussion it is important to point out that, just like the divisions in the Jim Crow south, the death penalty continues to divide us by race and socioeconomic status.

In 1976, when the Supreme Court approved the modern death penalty statutes that were supposed to ensure that death sentences were no longer arbitrary and discriminatory, the Court stated that "capital punishment is an expression of society's moral outrage at particularly offensive conduct . . ."

Yet the evidence from the past 33 years demonstrates that capital punishment remains arbitrary and that society's moral outrage continues to be expressed loudest when wealthy white people are homicide victims. As blue ribbon study commissions in California (PDF), and Maryland (PDF) have recently reiterated, empirical research across the country consistently demonstrates that a defendant who kills a white person is far more likely to receive the death penalty than a defendant who kills a person of color, and the racial configuration most likely to result in a death sentence is a black-on-white crime. Similarly, this research demonstrates that defendants whose victims are high in socioeconomic status face a significantly higher risk of execution.

The death penalty's racial and socioeconomic bias persists despite the best efforts of legislators and judges to erect fair and equitable capital punishment procedures. This bias sends the clear and morally repugnant message that society values wealthy victims more than poor and middle class victims, and white victims more than victims of color. It is one more reason to abolish capital punishment. A society that follows Reverend King's admonition to judge men and women by their character and not their skin color values the lives of all equally, regardless of racial or socioeconomic status.

And capital punishment is harmful to people of color and poor people for another reason: The death penalty aggressively consumes scarce state resources upon which many poor people and people of color depend. In cities across the country, prosecuting death penalty cases has left prosecutors' offices in dire financial straits. In New Orleans, for example, the prosecutor's office has filed for bankruptcy after being held civilly liable for wrongfully sentencing to death an innocent man. Moreover, every dollar spent on the death penalty is one dollar unavailable for community policing and other measures to make poor and African-American communities safer.

The election of Barack Obama as our Nation's 44th President shows how far we have come towards healing the wounds of slavery and systemic racial discrimination. Our continued use of the death penalty, predominately in the South, shows how far we have yet to go.

Permalink |	Capital Punishment, Racial Justice

1. David Morris Says:
   Jan 23rd, 2009 at 11:42am

   You know who else is being killed at an alarming rate? Unborn "african american" babies. Why do they have no rights?

2. David Morris Says:
   Jan 23rd, 2009 at 11:43am

   Why does the ACLU use moderators?? Is this not a free country? oh I forgot, it is free only if you walk duck step with the left

3. Nancy Says:
   Jan 26th, 2009 at 8:27pm

   Besides prejudice itself, after the fact of a crime, I think that prejudicial factors can lead individuals to be more prone to commit a crime in the first place- and so this becomes a cycle of crime of participants and judicial systems.

   For example, for years black men have complained about police following them around. And they are more likely to live in areas where that will occur. There is then just a basic psychological antagonism, a stress and tension built into everything. A person who may have already had bad encounters by the police may be even more stressed or antagonized in an area with a lot of police visibility or sirens: it's basic psychology. And stress and pressure lead to more crime- it's not as rotely a deterent as the right wing likes to believe. Police in high crime areas may also be under more stress and more likely to take innappropriate liberties.

   In a culture of increased education and awareness that now seems to find creative ways to stress itself out, perhaps less rote behavioral conditioning might actually lead to less stress and frustration, and fewer crimes of passion to begin with

4. James Inman Says:
   Jan 26th, 2009 at 8:59pm

   Readers may be interested in our upcoming program on the death penalty in Knoxville, Tennessee:

   http://www.law.utk.edu/cle/09DeathPenalty.shtml

   It's free to the public, though we're asking everyone to pre-register so we have an accurate count for planning purposes.

   James Inman
   Editor in Chief, Tennessee Law Review
   jinman5@tennessee.edu

5. Raven Says:
   Jan 30th, 2009 at 12:54pm

   This is the the most ridiculous article i have ever read. I feel sad for the ignorant person writing such falsehood.

6. andrea Says:
   Jan 30th, 2009 at 3:58pm

   I have to disagree with this article. I do not think we should forget about the horrible crimes they people have committed to lead them to the death penalty. I believe it is justice. Color should not be brought into it.

7. roald Says:
   Feb 2nd, 2009 at 2:42pm

   David Morris...Please read the policy statement immediately above the comments section. It explains why moderators are used.

   Go over to the discussion pages on abortion if you wish to share your views. You might find a more open audience.

   Raven...Please help us. About what falsehood are you writing? Can you provide any cites to disprove the information provided here?

   Andrea...There are two concepts in your letter. I agree that we should never forget the victims. I also agree that color should not be brought into the findings of the court. Unfortunately, our impartial judicial system is partial. People make mistakes. Prosecutors are under pressure, especially in high-profile cases, to make someone pay. Without even considering what capital punishment says about us as a nation, those weaknesses mean we cannot be certain enough of guilt to kill someone.

8. Against the death penalty Says:
   Feb 5th, 2009 at 12:39pm

   Just once I wish that all the ones that say they are speaking for the victims would STOP! Speak for yourself! If you are a victim then say so! Don't jump on the killing bandwagon just because it seems to give you some kind of an excuse, or any other bandwagon either! If you are not a victim or a family member then you don't have to live the rest of your life with the decissions that you say that you are making on behalf of them and they in fact may be totally opposed to your point of view so you are trompling all over them. What is right about that? If you want the death penalty say it for yourself, say I am not a victim or I am a victim, but I want this, not do it for them or think about them. What you are doing is not thinking about what the real victims intentions or needs or wants are, you are thinking only of yourself so since that is so have guts enough to say so! Don't make the victims have to carry the burden for what you want, okay!

9. Barbara Louise Says:
   Feb 5th, 2009 at 4:41pm

   I wrote a comment and carefully enered the code. Why was I silenced?

10. Barbara Louise Says:
    Feb 5th, 2009 at 4:46pm

    Perhaps my long rsponse to David Morris was in error. There are other forums for that discussion.

    But I have read of studies which establish that most peeople who are in favor of the Death Penalty are also Racist, Sexist, Classist, and Homophobic, andd thus more likely to find those diffferent from thmselves, especially Black people, guilty, and gladly vote for the Death Penalty also.

    The problem is a world view which believes that killing people will solve our problems.

11. blondie Says:
    Feb 8th, 2009 at 5:04pm

    Please go to this website. http://www.justiceforwandaspann.com You may not agree with this corrupt court system we have today especially in the state og Georgia,

12. Me Says:
    Feb 8th, 2009 at 8:17pm

    Hang'em high !
    Fry Mummia !
    Down with ACLU!

13. Elizabeth Says:
    Feb 10th, 2009 at 2:39pm

    Im against death penalties to those under the age of 18.......stop death penalties or me and my 9,000 friend will go on strike or protest against it.......it should be illegal and ya'll sorry cops do it and get away with it but if one of us do it ya got sum to say if we cant yall lazy @$$ cant

14. Elizabeth Says:
    Feb 10th, 2009 at 2:40pm

    Im against death penalties to those under the age of 18.......stop death penalties or me and my 9,000 friend will go on strike or protest against it.......it should be illegal and ya'll sorry cops do it and get away with it but if one of us do it ya got sum to say if we cant yall lazy @$$ cant sorrrrrrrrrry peoplessssssssssssssss

15. taytay Says:
    Feb 10th, 2009 at 2:43pm

    u cops sukkkkkkkk meat

16. John Says:
    Feb 26th, 2009 at 9:09am

    The death penalty is a very important sitution. I believe if a person coments a bad enough crime they deserve to die. If someone murdered a little child or raped a little child or murder a family how can you say they don't deserve to die. Should they just sit in prision for the rest of there lives while our tax money pays for there food, cloths, education.

17. Miss G Says:
    Mar 7th, 2009 at 2:48am

    Electing Barack Obama for the presidency does NOT show how far we have come towards healing any wounds of slavery and systemic racial discrimination. It only shows that those who have grown up in diversity have a higher acceptance of different races and ethnicities.

    Trust, the majority of older white folks born as early as 1950-60 are still stuck in their ways, racist, and proud of it.

    It was the young generation that put Obama into office. Not the old white generation.

18. ethan hazan Says:
    Mar 10th, 2009 at 10:31am

    i agree with john if somone regardless of there age has commited a horrible crime should be put to death. also to all those saying cops suck fuck you and mostly fuck elizibeth you are under educated and dont know what your talking about !!!!!

19. Scott H Says:
    Mar 22nd, 2009 at 2:23pm

    Everyone seems to be focusing on whether or not the death penalty should be abolished. I feel like the vast majority of the people commenting on this article are missing the point of the article. The author is not trying to show that the death penalty is outdated and needs to be stopped because it is inhumane. He is lucidly describing the seemingly never ending racial inequality that exists in our country. He argues that Barack Obama being elected president “shows how far we have come towards healing the wounds of slavery and systemic racial discrimination. Our continued use of the death penalty, predominately in the South, shows how far we have yet to go.”

    The death penalty to me is one of the many ways we decide to play god. We now have the technology to keep people alive but is that the right thing to do? I believe that the death penalty should remain active, but only for the monsters like John pointed out. There needs to be some sort of unbiased screening of the death penalty in every state to make sure that one race is not more favored then another.

    Andrea, you said that “I do not think we should forget about the horrible crimes they people have committed to lead them to the death penalty. I believe it is justice. Color should not be brought into it.” Unfortunately, as much as I would like to just completely disregard racial profiling like you seem to have done, this is impossible. Race does play a key part in determining who gets the death penalty and who doesn’t.

20. Dylan Horowitz Says:
    Mar 23rd, 2009 at 9:45am

    I do not think that Obama's inauguration has much to do with the ongoing debate about racial inequality in regards to the death sentence. The facts given in the article speak for themselves. People tried for the murder of white victims are more likely to be sentenced to the death penalty. It creates an interesting dilemma: Does the justice system stay impartial or are more people of color convicted to the death penalty because of racism or racist tendencies? Is this just how it plays out, and there is no rhyme or reason to it? Studying every single case intricately from 1976 where the defendant was sentenced to death is not plausible and depending on the investigators, everybody will always be a little biased whether they realize it or not. In response to John: Who decides what a bad enough crime is? What could the standards be for this?
    Considering the vast amount of different situations and possibilities regarding the death penalty, it will be almost impossible to set standards in judging the racial equality of a trial involving the death penalty. The only way to get rid of everything is to eliminate the death penalty entirely.

21. fuck u Says:
    Mar 25th, 2009 at 4:00pm

    you guys are queer fags

22. Jesse Hussein Says:
    Mar 27th, 2009 at 5:24pm

    Killing any human is murder. No one leads anyone to murder. Is kind of funny how some Christians believe in Capitol punishment " murder" but is against abortion. Abortion is a choice.

23. Maggie Says:
    Apr 7th, 2009 at 7:38am

    I think Miss G needs to check on her history. People born in the late 40's, 50's were teenagers during the 60's and participated in marches, a lot were freedom riders etc. And were a great part of the beginnings of trying to establish racial equality with Dr. King. Many now are older Americans (term I prefer) and help to put Mr. Obama into office. I don't know if the death penalty is good on not. But I do believe what goes around comes around. There are bad apples in every race.

24. Brian Says:
    Apr 14th, 2009 at 2:29pm

    A few things here:

    in 2008 37 people were executed in the US. 20 were white, and 17 were black.

    Racial bias? Where?

    Of persons under sentence of death in 2007:
    -- 1,804 were white
    -- 1,345 were black
    -- 26 were American Indian
    -- 35 were Asian
    -- 10 were of unknown race

    Source: http://www.ojp.usdoj.gov/bjs/cp.htm

    It seems to me that more WHITE people have been sentenced to death than black people. It is time to stop race baiting with lies. Black people have just as many opportunities these days as white people.

25. joe black Says:
    Apr 19th, 2009 at 4:18pm

    omg

26. Ashleigh Says:
    Apr 22nd, 2009 at 1:10pm

    I think all of ya'll need to stop hatin on OBAMA because he is the best thing that has EVER happened to America.

    So who got something to say now??

27. Maggie Says:
    Apr 27th, 2009 at 7:23am

    This is about the death penalty not Obama.

28. Al Says:
    Apr 28th, 2009 at 6:48pm

    Well, for one Ashleigh I have to disagree. I wouldn't say Obama is the best thing to happen to America, I would say someone more like Washington, Lincoln, Roosevelt, or Martin Luther King, or heck, even president Polk among many others. Obama still has a long way to go before he can be considered "the best thing to happen to America."
    But really, all this is besides the point. While I do agree with the death penalty I find it interesting the statistics given.

29. Collins Says:
    May 25th, 2009 at 6:06am

    I'm more concerned about the nature of what people here are writing. When we promote execution, we show our feelings of rage and hate. These are not Christian/noble spiritual feelings. These are carnal, animalistic desires which we all have, and we must know how to separate them from what Christ calls us to (if we say we are Christians). Imagine if a condemned killer repents to God before the time of his execution. You'll be seeing him in heaven, folks! So you better learn more about LOVING and less about hating!

30. robert p curtin Says:
    Jun 8th, 2009 at 1:32pm

    the aclu is a dangerous organization that will lead the USA to an age of anarchy and bloodshed never witnessed in the entire history of the country.as a member of the middle class they are a plague that should be wiped out forever!!

31. Jonathan Says:
    Jun 10th, 2009 at 4:14pm

    "culpae poenae par esto."
    Let the punishment fit the crime.
    If you murder someone you forfeit your own life and should die.

32. roald Says:
    Jun 15th, 2009 at 2:56pm

    Jonathan...Agree, let the punishment fit the crime. How do you punish the DA and police who lie to gain a conviction against an innocent person? How do you punish the people of the United States who allowed these government killings to happen?

33. For Vengeance Says:
    Jun 21st, 2009 at 12:25am

    Crimes of extremism, such as racially-motivated killings, should always result in the death penalty, in my opinion. These people are unsalvageable. They respond to no reason. They will keep screaming their hate-filled speech 'till the last breath.

34. Wicked Says:
    Jul 2nd, 2009 at 11:53am

    "The election of Barack Obama as our Nation’s 44th President shows how far we have come towards healing the wounds of slavery and systemic racial discrimination. Our continued use of the death penalty, predominately in the South, shows how far we have yet to go."

    What does Obummer have to do with the death penalty? What is this crap with the ACLU and the NAACP, we are opressed we need help, we are being kept down by "the man". Ok first of all who is "the man"? I am a hard working, tax paying, law abiding, family man of the great USA....and white. Am I "the man"?

    You have numerous familes in New Orleans were put out by Katrina...$2500 debit cards because they cried they were opressed and black. I live in the midwest floods have hit here 3 times in 16 years, taking out millons in crops and homes....didn't hear us cry. Did I recieve a $2500 debit card..NO! I got a huge "well sorry that happened".

    Quit crying over spilled milk from over 400 years ago. I had a hard time even getting a decent job when graduating college (oh yeah that I paid for, no federal loans or grants given to me because I was a minority), because I was a white male. You want to cry about opression?

    This is supposed to be America but with organizations like the KKK, ACLU, NAACP, and I cannot forget about the reverend Sharpton and his fake church, how are my children and yours ever going to get along? All I see in the news is shootings every night...then the mother, cousin, or sister being the myrtar on TV, there needs to be more cops? No there needs to be less dumb asses walking around shooting each other.

    Get rid of all the organized politcal BS organizations, impeech Obama, and let's make this one nation under GOD! Yes I said it GOD!.

35. Death Penalty All The Way Says:
    Aug 29th, 2009 at 11:03am

    I don't feel the death penalty is racial bound. If you kill someone or more then someone you should be put to death. Why should my tax dollars give you food, and shelter, where you can receive letters from your love ones,when you took that away from someone. I am for the death penalty 100%.

    I just seen a video where this precious 2 year child was killed by her stepfather and her mother. Her father was serving in Iraq and was due to be home in 2 weeks. For a year before that the little girl was abused by her stepfather and her mother didn't stop it, instead she married the idiot even after he had done this. He got 30 years and she got 27 years. The man who had to be over seas to protect us couldn't be here to protect his daughter. So how do we pay this poor soldier he has to come home to see his daughter's grave and pay taxes to support these 2 IDIOTS for the next 30 years.

36. Death Penalty Racial Says:
    Aug 29th, 2009 at 11:09am

    You know I'm sorry statics show that more ethnic groups in our country are committing the crimes. So if you do the crime you pay the price and that's not a 8 foot jail cell where you can read and get a college education at my tax dollars. I don't care if you are black, white, mexican, blue, purple, or what ever color you are.

    I'm actually tired of the so called minority getting all the breaks. If you would take a poll of the American society you would find that the white male between 25-40 is the biggest minority we have and is the one that actually has the hardest time. But if they took a life then theirs should be forfeited as well.

37. ?????? Says:
    Oct 20th, 2009 at 2:54pm

    u guys are fags

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