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The death penalty and race
Controversy surrounding the death penalty
Controversy surrounding the death penalty
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The Death Penalty Can be Fair
Every American should want fairness in all areas of public policy - this is especially true with regard to the death penalty, since the stakes are high. But the opponents of the death penalty make a most peculiar argument about fairness. They argue that if the death penalty is not administered fairly, and especially administered with racial fairness, it must be abolished.
Nobody would even think of trying to apply this principle in a consistent way. If we find that black neighborhoods get less police protection than white neighborhoods, would we withdraw cops from both black and white neighborhoods? If banks are discriminating against black home buyers in mortgage lending, would we demand they stop all mortgage lending? If we find the IRS discriminating against middle-class and poor taxpayers, would we want to abolish the IRS? All right, that does have an attraction, but nobody is seriously suggesting it.
What do the opponents of the death penalty say should replace it? Life imprisonment, perhaps? But there is no reason to believe this penalty is more fairly imposed than the death penalty. So are we going to knock the maximum down to 10 years? If so, we face the same problem.
In addition to the philosophical incoherence of the argument, the empirical reality of racial disparity in capital punishment is a lot more complicated than simplistic notions about racism run riot in the criminal justice system would lead you to believe. It's important here to understand that the opponents of the death penalty make two different arguments about racial fairness, and they are flatly contradictory.
The first thing that we see when we start looking at statistics is...
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...pital defendants are a highly self-selected and hardly unbiased group.
So what we have, in the way of hard statistical evidence, fails to support the politically correct fantasy of massive discrimination. Is the death penalty administered with perfect fairness? No. Is it administered as fairly as other public policies, and especially as fairly as other criminal sanctions? Yes.
Public officials should work to make the system even fairer. In particular, better provision could be made for an effective defense in capital cases. And I think that a revival of executive clemency (which has fallen into disuse) in cases where a jury is perceived to have been too harsh would be a good thing. But the notion that unfairness, and particularly racial unfairness, requires the end of the death penalty makes neither philosophical nor empirical sense.
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.
The death penalty, as administered by states based on their individual laws, is considered capital punishment, the purpose of which is to penalize criminals convicted of murder or other heinous crimes (Fabian). The death penalty issue has been the focus of much controversy in recent years, even though capital punishment has been a part of our country's history since the beginning. Crimes in colonial times, such as murder and theft of livestock were dealt with swiftly and decisively ("The Death Penalty..."). Criminals were hanged shortly after their trial, in public executions. This practice was then considered just punishment for those crimes. Recently though, the focus of the death penalty debate has been on moral and legal issues. The murderers of today's society can be assured of a much longer life even after conviction, with the constraints of the appeals process slowing the implementation of their death sentence. In most cases, the appeal process lasts several years, during which time criminals enjoy comfortable lives. They have television, gym facilities, and the leisure time to attend free college-level classes that most American citizens must struggle to afford. Foremost, these murderers have the luxury of time, something their victims ran out of the moment their paths crossed. It is time this country realized the only true justice for these criminals is in the form of the death penalty. The death penalty should be administered for particularly heinous crimes.
Early societies were based on a simple code of law: "an eye for an eye
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.
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).
Main Point 1: Imagine someone that has been accused of murder and sentenced to death row has to spend almost 17-20 years in jail and then one day get kill. Then later on the person that they killed was not the right person.
As well as being economically unsound, the death penalty is socially biased. A class system appears to be present in the United States of America this day in age, and the lower classes seem to almost be discriminated against by the higher classes. This is also true of capital punishment. Ed Bishop of the St. Louis Journalism Review , writes on how these members of a lower class can not escape the death penalty. At the height of the...
Love, A. David. “The Racial Bias of the Us Death Penalty.” The Guardian: January 3, 2012.
This paper focuses in on one of those "junctures" - the death penalty. The racial disparities that Donziger finds in the prisons can also be found in death row. To be exact, African-Americans are 12% of the US population, but they make up 40% of the death row population.2 I, like Donziger, believe something more is at work; and in the tradition of Ture and Hamilton, I believe that this something works in covert ways. It would almost be better if we could place the blame on blatant racial discrimination. But the death penalty does not serve the explicit purpose of oppressing Blacks. Racism persists, but it has taken on more implicit, more subtle, and arguably more harmful forms. The death penalty is a timely lens through which to observe the covert racism that operates in institutional settings. This topic can be overwhelming, and this paper is in no way comprehensive. Rather, it is an opportunity to string together some soci ological and legal concepts with personal analysis in the desire to demonstrate that the death penalty and the institutions surrounding...
Still to this day there many people who are against the death penalty even after seeing all the changes the government and the people have made. Many people do not believe that it is right to punish someone to death; they believe that if we are going to stop killing the government needs to be a leader and stop killing people as well. Some believe that the system is unfair and race becomes a huge debate. Racial discrimination will always be a factor when looking at death penalty cases. There will never be a clear line in whether or not death penalty is the right thing to do; there will always be people for and against it. The factor that needs to stay constant is the courts and jury being fair to gender, race, illness, age, and the methods they use to put these people to death.
that society has a moral obligation to protect the safety and the welfare of its
... of exonerations from the death penalty has increased over the years, it can be seen that this process convicts innocents due to misidentification by eyewitnesses or incorrect results from several forensic tests. Many of those in the death penalty happen to be either black or those who cannot afford a proper lawyer. The criminal justice system acting in a biased manner shows that these black and poor people could be some of the innocents standing in the death row. In order to better the death penalty, the process is time-consuming and consists of many key leaders to eliminate errors. Because the process is very complicated and long, the death penalty costs a huge amount of money and all that money comes from taxpayers. If the death penalty is abolished from US, the public can use all that extra money to improve crime prevention methods to help keep the society safe.
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...
Capital punishment has been a controversial topic in association to any person condemned to a serious committed crime. Capital punishment has been a historical punishment for any cruel crime. Issues associated to things such as the different methods used for execution in most states, waste of taxpayers’ money by performing execution, and how it does not serve as any form of justice have been a big argument that raise many eyebrows. Capital punishment is still an active form of deterrence in the United States. The history of the death penalty explains the different statistics about capital punishment and provides credible information as to why the form of punishment should be abolished by every state. It is believed
Crime is everywhere. Wherever we look, we find criminals and crime. Criminals have become a part of our daily lives. Does this mean we let them be the darkness of our society? No, definitely not. Eliminating crime and criminals is our duty, and we cannot ignore it. Getting the rightly accused to a just punishment is very important. Some criminals commit a crime because they have no other option to survive, but some do it for fun. I do not advocate death penalty for everybody. A person, who stole bread from a grocery store, definitely does not deserve death penalty. However, a serial killer, who kills people for fun or for his personal gain, definitely deserves death penalty. Death penalty should continue in order to eliminate the garbage of our society. Not everybody deserves to die, but some people definitely do. I support death penalty because of several reasons. Firstly, I believe that death penalty serves as a deterrent and helps in reducing crime. Secondly, it is true that death penalty is irreversible, but it is hard to kill a wrongly convicted person due to the several chances given to the convicted to prove his innocence. Thirdly, death penalty assures safety of the society by eliminating these criminals. Finally, I believe in "lex tallionis" - a life for a life.