The Death Penalty
In 1988 Walter McMillian, who is Black was accused of a crime he didn't commit. He was convicted and sentenced to death for the murder of a young white woman who worked as a clerk in a dry cleaning store in Monroeville, Alabama. Mr. McMillian was held on death row prior to being convicted and sentenced to death. His trial lasted only a day and a half. Three witnesses testified against Mr. McMillian and the jury ignored multiple alibi witnesses, who were Black, who testified that he was at a church fish fry at the time of the crime. The trial judge overrode the jury’s sentencing verdict for life and sentenced Mr. McMillian to death…. EJI's Bryan Stevenson took on the case in post conviction, where he showed that the State’s
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In the United States Declaration of Independence it states, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” (“Declaration of Independence: A Transcription | National Archives”) Our government is founded on the idea that every person has a right to their life, their freedom, and their happiness. Death penalties in the United States take away the rights of criminals, but it's important to remember that criminals are people too. The founding fathers formed their beliefs that all men should have certain rights that can not be taken away, whether they are bad or good. According to the article What is the 8th Amendment it states that, “The 8th Amendment to the U.S. Constitution was created as a part of the Bill of Rights to protect criminals from excessive punishment. It forbids the government from using cruel and unusual punishment as well as excessive fines and bail to punish people who have broken the law” (“8th Amendment: Lesson for Kids”). The Founding Fathers knew that the government has the ability to punish people through the court system and to keep the government in check they created the 8th amendment to preserve the rights of the people. Some people argue that through death penalties the rights of life to innocent people are …show more content…
George Woodworth once examined the death penalty rates among all death eligible defendants in Philadelphia, Pennsylvania between the years of 1983 and 1993. The results of their study proved that the odds of receiving the death penalty in Philadelphia increased by 38% when the accused was black. (“Race and the Death Penalty | American Civil Liberties Union”) This shows that the justice system is biased and proves that a black person is more likely to receive a death punishment for committing the same crime as a white person. Another example of discrimination is when death penalties are given to those that are poor and grow up in underprivileged backgrounds. For example, according to the Equal Justice Initiative, 95% of convicts languishing on death row in the United States come from underprivileged backgrounds. Their court-appointed lawyers often don’t have the means to expedite the DNA or ballistics tests that could unravel the prosecution’s case. (Bellivier) Bryan Stevenson from the NGO Equal Justice Initiative later goes on to say that, “We have a system of justice that treats you better if you’re rich and guilty than if you’re poor and innocent” (Bellivier). The death penalty should be abolished because it discriminates against those of lower class and different races and causes too many innocent people to end up in prison. Some opponents agree with the death
Name: Instructor: Course: Date: Criminal Justice Stevenson through his book has provided various examples that show that people of color and low-income individuals are more likely to be presumed fully prior to presenting their cases. The author has stated that executions are a good example of how norms and policies are used for the purposes of punishing and controlling the people of color For instance, he argues that one in three black people are expected to be sent to jail in their lifetime. Further on, eighty percent of people on death row are black while 65 percent of homicide victims are black.
The biggest disparity that was found was when a death penalty case involved a white victim and a black defendant. After reviewing the death penalty cases, there was an indication that “twenty-two percent of cases received the death penalty when a black defendant and white victim were involved….compared to only three percent when there was a black victim and white defendant involved.” The study broke this data down further and looked at the percentages of when a prosecutor seeks the death penalty. The study found that prosecutors sought the death penalty in “seventy percent of cases that involved white victims and black defendants and only nineteen percent when the roles were reversed.”
With the bar for execution being that the defendant needed to be shown to be a danger to society the testimony of the psychologist stating that a person 's race is a deciding factor in predicting future violent acts clearly brings the question of race into the supreme court. The appeal states “the latent association of African Americans with violence continues to distort perceptions of reality and result in racially biased assessments—and the risk of such bias is especially acute in death penalty proceedings. The Constitution, however, forbids racial stereotypes from affecting the administration of justice, expressly
African Americans face harsher circumstances in death row sentencing’s than any other race. In a study published in 2009 by Scott Phillips, a University of Denver sociology and criminology professor, conducted research between 1992 and 1999 in Harris County, Texas when an astonishing “504 defendants were indicted for capital murder” (O’Hare, 2010). At the end of his research, Phillips found that “convicted capital murderers were six times more likely to get a death sentence when they killed married whites or Hispanics with college degrees and no criminal record — as opposed to unmarried black or Asian victims with records and no college degrees” (2010). Phillip’s study proves that death row sentencing is bias as African Americans were more likely to be put on death row if their victim was of a higher social class than them. Florida’s death penalty sentencing in recent years has been extreme.
It also needs to be recognized how it may impact a person or groups day to day lives and decision making in these situations. In keeping with time-tested American traditions, black defendants were 38 percent more likely to be sentenced to die than others who committed similar crimes, according to a study by University of Iowa Law School researchers David Baldus and George Woodworth. Their research team analyzed 667 murders that occurred in Philadelphia from 1983 to 1993. Of the 520 cases involving black defendants, 95 were sentenced to die, while 19 of the 147 non-black defendants received the death penalty. (Clarence, Chicago Tribune,1998).
A case where Walter Mcmillan a black man was convicted and sentenced to the death penalty for the murder of a young white woman named Ronda Morrison in 1986, “ Mr. McMillian was with his family 11 miles away from the dry cleaning store where Ms. Morrison was murdered at the time of the crime. Dozens of black people could testify to his innocence but they were ignored. The nearly all-white jury convicted Mr. McMillian of capital murder and sentenced him to life imprisonment without parole.” (EJI) Since Walter McMillan was a black man he was wrongly convicted and sentenced to death row.
Members of the judicial system, such as judges and lawyers, play a crucial role in addressing the issue. Lawyers provide legal counsel and representation to their clients, including those accused of crimes, and can work to ensure that their clients receive fair treatment within the criminal justice system. Judges, on their part, are responsible for making sentencing decisions and have the power to address disparities in sentencing. This understanding can help us to identify the root causes of the problem and develop effective strategies to address it. For example, by recognizing the impact of systemic racial inequalities on sentencing decisions, we can work towards implementing reforms within the criminal justice system to ensure that all individuals are treated fairly and justly.
Jury Systems and Racial Injustice Juries are the way we make sure trials are fair, but when your jury is biased the result of the trial are often inequitable. Today we do our best to make sure trials have impartial jurors, but this was not always the case. In the 1930’s, and a lot of other decades too, the right for African Americans to have an unbiased jury was not fulfilled. This caused many African Americans to be sentenced to death when they otherwise would not have been.
Discriminatory sentencing is another example of systemic racism within the criminal justice system. Studies have consistently found that people of color are more likely to receive harsher sentences than white individuals who have committed similar crimes (Mauer & King, 2007). These disparities are not explained by differences in criminal behavior or past criminal records, but rather by the implicit bias
Racial biases can affect jurors' perceptions and judgment. Jurors who are just normal citizens taking part in a duty asked of them can affect someone's whole life by just saying a few words. Racial biases by jurors can lead to biased outcomes in trials, and this bias can deny the right of individuals to a fair trial. The death penalty is one the harshest punishment one can receive in the criminal justice system, however, some studies show racial bias can lead to the use of the death penalty. Biases held by jurors can sway their perception of guilt or innocence which can result in the use of the death sentences for individuals from racial minority backgrounds.
Forty years have gone by and I think it’s finally time we acknowledge the inconvenient truth; Capital punishment is not a fair means of punishment and disproportionately affects minorities. In the landmark Supreme Court case McCleskey v. Kemp, a study conducted by David Baldus, a late Iowa Law Professor, concluded that black defendants indicted for murder were convicted nearly twice as much as white defendants and black defendants who killed white people received the death penalty four times more often than black defendants who killed other black people. This argument was a highlight of the case, but did not stop the Supreme Court from ignoring the statistics regarding racial bias in capital punishment cases. A vote of 5-4 ruled that tendencies
An amendment, and justice is ultimately what keeps the citizenry of the society safe each and every day, if anything. Although we are aware that ever state in America has not ratified the 8th amendment and that’s something that needs to change because if you think about it although the death penalty is a cheap option and easier way to get rid of criminals who could commit more crimes. You must take into the fact that no life should be taken, and that all lives matter even if serious crimes have been committed by that person. If the state has not ratified the amendment and refuses to then they should have certain policies, restrictions, etc. and be sure to follow
In America, criminal justice has been an issue for generations. People are convicted of crimes and their convictions are oftentimes based on their race and/or social status. Unfortunately, it is a reality that the criminal justice system privileges those who are “rich and guilty rather than if they are poor and innocent. Many African American men and women have suffered due to this. In the book Just Mercy and the movie 13th, both sources give great examples of how the criminal justice system continues to overlook the truth to keep black Americans incarcerated.
The biases within the justice system make it impossible to evaluate whether or not a person truly deserves to die. In Bryan Stevenson’s memoir, Just Mercy, Walter Mcmillian receives a death sentence despite being innocent. The media and the corrupt officers made it difficult for Stevenson to change the minds of others. While Stevenson was pushing for others to recognize that Walter was innocent, he realized that Tom Chapman, a prosecutor to Walter, just like others was “trapped into this narrative just like everyone else involved” (Stevenson,112). The modern media effectively creates narratives in which Black Americans are seen as suspicious or criminals.
He had so much life to live until it was taken away from the cruel punishment of death penalty some people say he deserved it. That is an example of racial bias a 14 year old african american teen killed by death penalty due to a murder he committed of two young caucasianfemales but George was only 14. Supreme court says if your 15 and under you shouldn’t receive a death penalty because you are not seen as an adult unless your 18 or older 15 and under your still seen as a juvenile. Then why did George stinney get executed ? Is it far that kids have been getting killed by death penalty due to their actions.