NCJ Number
125182
Journal
State Government News Volume: 33 Issue: 7 Dated: (July 1990) Pages: 6-8
Date Published
1990
Length
3 pages
Annotation
Many studies conclude that black defendants are more likely to receive the death penalty than white defendants and that those who kill white people are more likely to receive the death penalty than those who kill blacks.
Abstract
Of 3,984 people lawfully executed since 1930, 2,113 were black. Half of those executed before 1972, when the Supreme Court halted capital punishment, were black. Since capital punishment was restored in 1976, about 33 percent of those executed have been black. Many experts believe State legislatures should adopt a version of the Racial Justice Act proposed by Senator Kennedy. This bill, which would bar racial discrimination in capital punishment cases, was defeated in May 1990. Others argue that the only answer to racial discrimination is to abolish capital punishment. The American Civil Liberties Union states that even if the death penalty were unbiased, the organization would not change its opposition to capital punishment. A study of Georgia's prison system indicates that a majority of inmates are white, although minorities are disproportionately represented on death row. Another study in Houston and Dallas between 1978 and 1980 found that prosecutors brought death penalty charges more frequently in cases of murders of whites by blacks and Hispanics than for murders of minorities. A retired professor of law believes that the States can enact precise death penalty statutes that leave little room for judicial intervention. Some States, including those without capital punishment, are trying to find solutions to racial problems in the courts. Michigan, New York, New Jersey, and Washington, for example, have established task forces on racial/ethnic issues in the correctional setting.