Disparities in Race and Capital Punishment - Essay Example

Disparities in Race and Capital Punishment Capital punishment is one of the most controversial issues of our times. For it to work in theory, there are many aspects which must be dealt with. However, it is the position of this paper that these aspects are too widespread and too inherent to ever actually be able to properly handle: The contemporary debate over capital punishment has been conducted principally in terms of whether it is an effective deterrent, appropriately retributive, racially discriminatory, arbitrary, or inevitably prone to errors (Greenburg, 1982). Most central to this is the issue of race. Capital punishment should be abolished because it is unfairly applied to minorities. In order for capital punishment to be effective, it would have to be fairly applied to all races equally; however, due to many factors, even beyond white prejudice against minorities, this is not a possibility, and capital punishment should not exist in any country as it is an impossibility for it to exist fairly and justly. As capital punishment is obviously a permanent solution to a problem, it necessarily must have the highest set of standards applied to it considering that it would be an extreme injustice for a person to be executed for a crime not committed by the person. Much of the anti-capital punishment rhetoric centers around the unacceptability of a wrongful execution. Following this logic through, it has also been stated that the set of standards required nullifies the effectiveness of capital punishment: “In a similar fashion, the scrupulous but necessary review of capital sentencing so affects the system that it cannot accomplish its purposes” (Greenburg, 1982). Most cases dealing with capital punishment take well over ten years of appeals before the execution ever takes place. Along these lines it becomes more of a spectacle, many times with people attending executions on both sides of the debate attempting to make their voices heard. After all of this time and effort and all of the spectacle involved with the process, it seems as though only the family of the victims even consider why the execution is taking place at all. Of course, none of this even involves how a prisoner on death row even got to be in that situation. For a defendant to receive the death penalty, it has to be agreed upon by a jury. Because of the way in which juries are run, it is not possible to discern whether there is prejudice being exhibited during the process: “Because the United States legal system treats the jury as a ‘black box,’ it would be difficult to prove that capital juries use their discretion to impose death in impermissibly prejudicial ways” (Yale Law Journal, 2001). As such, the only evidence that can be examined comes from after the sentencing, and most all studies have shown there to be prejudice in regards to race: “For crimes that are comparable, the death penalty is between three to four times more likely to be imposed in cases in which the victim is white rather than black” (Yale Law Journal, 2001). This is not a fact that has just recently been discovered; this has been known for over fifty years, yet nothing has been done to properly address it: “Empirical studies dating back to the 1940’s indicate that , all things being equal, racial minorities, particularly African Americans, are disproportionately more likely to receive the death penalty for murder than are convicted whites” (Cholbi, 2006). Over and over again the statistics say the same thing; there is a high degree of disparity in terms of white defendants and black defendants receiving the death penalty: “Over 80% of completed capital cases involve white victims, event though nationally only 50% of murder victims are white” (Death Penalty Information Center, 2008). Considering the sheer difference in numbers in regards to the amount of crimes committed by blacks with those committed by whites, the fact that in the last thirty years since the death penalty has been re-instated in the US that there have been fifteen white people executed who have murdered black people versus two hundred twenty-eight black people who have murdered white people clearly shows the degree of discrimination in capital punishment cases in regards to race (Death Penalty Information Center, 2008). Not only do juries have a tendency to single out minorities, but our government as a whole does the same: “The proportion of those minorities charged with capital crimes, those recommended for the death penalty and those sentenced to death, was far higher than the proportion of minorities in the general population” (…). This shows the tendency to not only exist on a personal level within juries but on a national level within the government. Given this obvious disparity, there is no way in which the government can reasonably expect to be considered non-discriminatory in the sentencing of minorities in capital punishment cases. This is all the more reason to abolish the death penalty. Of course, it is not just simply a case of black defendants receiving the death penalty more often than white defendants; the race of the victim plays a much higher role in these situations, as well as the race and the sex of the members of the jury: “Researchers revealed that the chances of a death sentence in cases with a black defendant and white victim increase when there are five or more white males on the jury, and the chances decrease where there is at least one black male on the jury” (Death Penalty Information Center, 2008). For capital punishment to be effective, it cannot seem to be arbitrarily sentenced under any circumstances; even more detrimental to its effectiveness is if it appears that there is a very real tendency for a sentencing to be influenced by race. If one were to suspend whether or not the very idea of capital punishment is unjust, the question must still be asked whether or not it is being unfairly determined in cases according to race. As this is the case, the current practices involved with capital punishment create a disparity of equality under American law: Current capital punishment practices are unjust because even if convicted African Americans deserve to die, the greater likelihood of their execution violates African Americans’ equal status under the law…the lesser likelihood that those who murder African Americans will be executed violates African Americans’ rights to equal protection (Cholbi, 2001). As stated, considering whether or not a person that has been sentenced to death even deserves to die, under the principles by which capital punishment is administered, because there is an inherent inequality present that negates any effectiveness of capital punishment being administered. According to studies, perceived disparities can have an extremely negative effect on people‘s views of their justice system, and if people have no faith in their justice systems, there is less of a reason to follow these guidelines, producing higher crime rates: “Injustice, for instance, can have a corrosive effect on perceptions of the legitimacy of criminal justice systems and may contribute to increased crimes” Riddell, et al, 2004). As capital punishment is in place to be a deterrent for people to commit crimes, it is a completely useless and pointless system if it produces the opposite affect because it is administered in an unjust manner, as is the case in the US. As stated, there are deeper influences than mere white/black discriminatory attitudes. According to studies, there is a tendency for any majority population to be more severe in dispensing death sentences to the minority populations of that country. Perhaps it is easier to make a decision on capital punishment cases when there is more of a disconnect from the defendant; as mentioned, there is less of a likelihood of a black defendant to receive a death sentence if there is a black male on the jury. Without a member of that race being in as close proximity as actually being on the jury, there would be less of a chance for the majority race to be able to empathize with a defendant from a minority. Whatever the reasons is, the tendency for minorities to receive the death penalty for frequently only goes to highlight the continued racial disparities that exist: “Thus, contrary to the so-called “melting-pot” description, some populations have been formed or been forced into segregated communities” (Riddell, et al, 2004). As populations with less diversity tend to rely more heavily on capital punishment during sentencing, populations with a higher amount of diversity tend to rely more on imprisonment: “Population heterogeneity was significantly related to the use of imprisonment in different samples of nations” (Riddell, et al, 2004). When there is less disparity in populations in terms of minorities, this has a direct effect of the number of death sentences that minorities receive. Obviously there cannot be fairness in regards to the frequency of minorities receiving capital punishment because there is still a large amount of racial disparity in terms of the general population of the US. As this is, there is no way that the use of the death penalty can possibly be viewed as fair or just, and therefore the use of the death penalty must be abolished in the US. What makes this all seem even more unfair and arbitrary is the fact that even though the death penalty is supposed to be used as a deterrent in regards to violent crimes, states that institute the death penalty can in no way lay claim to having lower levels of violent crimes (Death Penalty Information Center, 2008). In the name of utilitarianism, one might suggest that the sacrifice of black defendants to the death penalty would be worth it as long as it actually benefited the greater good by lowering the total number of violent crimes; however, the fact that capital punishment does not serve as a deterrent to violent crimes completely nullifies this argument and makes the entire premise unworthy of consideration, “Three decades after sentencing guidelines were approved…the death penalty is still being unpredictably applied” (Death Penalty Information Center, 2008. Putting one’s self in the place of a criminal convicted of murder, it would seem that a sentence to die versus spending one’s life in prison, would be the lesser of two evils. In fact, it is not uncommon for inmates who are serving life sentences to attempt suicide given the opportunity. Additionally, the death penalty is a prime example of two wrongs attempting to make a right. If we as a people are adamant on the basic human moral code to respect other human life, it would seem that sentencing individuals to die merely reinforces the notion that killing is acceptable, regardless of how heinous the perpetrator’s crime may be. It can certainly be argued that the families of victims are entitled to a strong sense of justice in the event that their loved one was pointlessly and prematurely murdered. This is true, but at the expense of a further loss of human life? It is certainly feasible to think that families of murder victims would see this type of argument from a whole different perspective, but that is partially because sentencing a wrong doer to death is an option. Removing the death penalty from the table a crossed the board, would allow for an equally steep but more appropriate form of punishment for those who violate humanity and the law to the fullest extent. In reality, sentencing a murderer to death does not bring back the individual who was lost to their hands, nor does it change the way the individual’s survivors go on about their lives. It merely provides a quick fix to the anger and suffering felt by the victim’s families and rids the world of a terrible person. If, however, we were to act on ridding the world of each and every person who has proven themselves to be a ‘bad’ or ‘evil’ person, we would be an extinct species. Ultimately, the death penalty goes against the most fundamental moral code established in almost every part of the world. It does not bring justice but rather elevates the body count. Long term institutionalization is in reality a far worse punishment and possibly serves to punish the criminal each and every day that they serve out their sentence. Putting them to death, however, is truly allowing the criminally deranged an escape from a punishment that they truly deserve and that is a long, drawn out existence behind bars. Humans for millennia have valued the privilege of freedom even over life itself. Millions have died in wars seeking to protect this privilege and removing it as a form of punishment is perhaps the steepest form of punishment of all. Works Cited Cholbi, M. (2006) “Race, capital punishment, and the cost of murder.” Philosophical Studies, 255-282. Cullen, F., Fischer, B., Applegate, B., “Public opinion about punishments and corrections.” Crime and Justice, vol. 27, 1-79. Death penalty information center (2008) “Race.” Accessed 9/20/2008. Available at Greenburg, Jack (1982) “Capital punishment as a system.” Yale Law Journal, vol. 91, no. 5, 908-936. Harvard Law Review (2001) “The Rhetoric of difference and the legitimacy of capital punishment.” Harvard Law Review, vol. 114, no. 5, 1599-1622. Riddell, R., Urbina, M., (2004) Minority threat and punishment: a cross-national analysis.” Justice Quarterly, vol. 21, no. 4, 904-931. “Study shows Justice Dept. lawyers seek death penalty most of minorities” Read More