Racial Disparities in Capital Punishment - Essay Example

 Topic: Racial disparities in capital punishment In the criminal justice system, justice is supposed to be dispensed in accordance with the legal distinctive features of a case but not on the social or racial background of a victim and defendant. Therefore, justice should be oblivious to these aspects but many investigations on capital punishment and race in the United States have established that nothing could be further from the truth. A research study conducted by Baldus, et al. (1998, pp1654-1697) in Philadelphia to investigate racial disparities in capital punishment revealed that the odds of getting a death charge on a similar offense are four times higher in cases where the defendant was black. The study also established that the number of blacks on death row was higher compared to white defendants who had committed similar offences. Scott (2008, pp 2-6), conducted another study on race and capital punishment in Harris County in the state of Texas, which hold the infamous reputation of being the capital of execution in the United States. The study was in agreement with the Philadelphia findings by establishing that the racial orientation of both the victim and defendant played a crucial factor in meting of capital punishments. In the study, Scott (2008, p5) found that the likelihood of imposing death penalty on black defendant was higher than on white defendant. In addition, death sentence was more likely to be imposed in cases where a white person was the victim than when the victim was black. Another important finding on race and capital punishments showed that District Attorneys were more racially prejudiced than the jury was (Baldus, et al. 1998, pp1680-89). These studies demonstrate that no matter the objection of legal technocrats, racial disparities exist in determination of capital punishments in the United States. ` These findings bring into attention the ability of judicial system to raise above the historical racial prejudices that purported superiority of white people over their black counterparts in the United States. In addition, they have also raised the question on whether the life of a certain race is more valuable than of another. Law courts in different states in the country have been consistently denying that the obvious racial disparities are not sufficient to prove racial biasness in each particular case (David, & George 2003). This denial is of particular concern given that many states and federal governments in US have passed legislation of addressing racial discrimination in employment and other areas such as housing. In this respect, Bacon, et al (2007, pp68-70) argue that there is concern that passing legislations on civil rights regarding capital punishment would stop it in its entirety. The effects of this injustice do not only result to loss of innocent human lives but unjustified barring of black jurors in homicide cases. In addition, more state resources are often allocated to murdered white victims at the expense of black victims (Baldus, et al. 1998, p 1673). This judicial practice is unconstitutional and an abuse of the universal human rights that the American constitution is founded upon. Researchers in criminal justice apply several parameters to investigate racial disparities in capital punishments. These include the racial composition of District Attorneys in the United States, the race of defendants and victims in addition to the severity of murder charges (Baldus, et al. 1998). According to Bacon, et al (2007), the number of white district attorneys is overwhelmingly higher in states that allow capital punishment compared to other races. Baldus, et al. (1998) established that 97.5% of district attorneys in states that allow capital punishment in United States are white compared to 1% black and 1% Hispanic attorneys. In states that allow capital punishment, District Attorneys are responsible for deciding on whether to seek death penalty while the jury decides on whether to impose the penalty on a suspect (Scott, 2008, pp5-6). A study conducted by David and George (2003) in two American states found that the odds of seeking death penalty were two times higher in cases where the defendant was black. In United States, Scott (2008 p8) further noted that it is common for a prosecutor handling a murder case in his community to consult with family of the victim to determine whether capital punishment should be preferred against the suspect. In these cases, the most consulted families were prominent whites while prosecutors hardly consulted African American victims (Scott, 2008). The biasness is perpetuated in the judicial system because the prosecutors not only determine the person to be tried for murder, but also have a major influence on how the trial process is conducted. This happens especially during the selection of the juries increasing the possibility of making a racially biased judgment. Consequently, there is higher prevalence of black suspects and convicts on death charges compared to whites in the United States (Bacon, et al, 2007). Regarding the racial composition of the defendant and the victim, the study conducted in Texas established that death conviction was most likely to occur in cases involving a black defendant and a white victim regardless of the severity of the murder (Scott, 2008). Researchers in criminal justice have established that severity of a murder charge has an influence on the racial disparity of capital punishment. According to Baldus, et al (1998) racial background of the defendant does not matter in severe homicide cases such as serial murders. In such cases, death sentence is certain regardless of whether the suspect is white or black. Other incident where race does not play a significant role in passing a death judgment includes less severe offences (Baldus, et al, 1998). Though all murders charges are horrific regardless of the degree of severity, Scott (2008) found that middle level cases witnessed the highest level of racial discrimination while passing a death judgment. David and George (2003, p 28) argue that the disparity occurs because black suspects are more inclined to commit less severe murders compared to white defendants. However, District Attorneys prefer death charges against black suspects in equal proportion as the white defendants despite the fact that the former committed less serious murder crimes. In this case, imposing equal penalties on unequal offences result to injustice to the black offenders (Scott (2008, p7). From these case studies, it is apparent that racial disparities are prevalent in capital punishments and there is urgent need to address the problem. Black(1989) recommends ‘desocialization’ of the victim and defendant in ensuring that social and racial factors do not interfere with passing judgments on capital offenses. This intervention is based on the rationale that social knowledge about the victims and defendants cannot affect legal process if it is not disclosed to judicial officers (Black, 1989). Though it could be challenging to ensure that legal players have appropriate information about the victims and suspects without disclosing full information, the intervention would significantly reduce racial disparities in such cases. This process would not deny the legal players the relevant information, but it would minimize the availability of inappropriate information that perpetuates discrimination. However, implementation of this intervention requires expansion of the existing legal policy in order to form a process that is discriminative proof. References Bacon, S, et al. (2007). The death penalty: American experience with capital punishment. London: Oxford University Press: pp 57-106. Baldus, D. et al. (1998).Race discrimination and the death penalty in the post Furman era: An empirical and legal review with preliminary findings from Philadelphia. Cornel Law Review, 83(1638): pp 1650-1725. Black, D. (1989). Sociological justice. New York: Oxford University Press: pp 49-98. David, C. & George, W. (2003). Race discrimination and the death penalty. NJ: Carolina Academic Press: pp 51-73. Scott, P. (2008). Racial disparities in capital Punishment: Blind justice requires a blindfold. American Constitution Society for Law and Policy, 3:pp1-10. Read More