Death Penalty and Race

May 18, 2017

Activists Demonstrate Against The Dakota Access Pipeline Project

In a 1990 report, the non-partisan U.S. General Accounting Office found “a pattern of evidence indicating racial disparities in the charging, sentencing, and imposition of the death penalty.” The study concluded that a defendant was several times more likely to be sentenced to death if the murder victim was white. This has been confirmed by the findings of many other studies that, holding all other factors constant, the single most reliable predictor of whether someone will be sentenced to death is the race of the victim.

From initial charging decisions to plea bargaining to jury sentencing, African-Americans are treated more harshly when they are defendants, and their lives are accorded less value when they are victims. All-white or virtually all-white juries are still commonplace in many localities.

  • A report sponsored by the American Bar Association in 2007 concluded that one-third of African-American death row inmates in Philadelphia would have received sentences of life imprisonment if they had not been African-American.
  • A January 2003 study released by the University of Maryland concluded that race and geography are major factors in death penalty decisions. Specifically, prosecutors are more likely to seek a death sentence when the race of the victim is white and are less likely to seek a death sentence when the victim is African-American.
  • A 2007 study of death sentences in Connecticut conducted by Yale University School of Law revealed that African-American defendants receive the death penalty at three times the rate of white defendants in cases where the victims are white. In addition, killers of white victims are treated more severely than people who kill minorities, when it comes to deciding what charges to bring.
  • Letter to Governor Newsom calling him to support the Racial Justice Act (AB 2542)

“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.”

-Senator Russ Feingold on Civil Rights as a Priority for the 108th Congress, Senate, January 2003

Read the full report: United States of America: Death by discrimination the continuing role of race in capital cases

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