Racial disparities

Racial bias is prevalent in the death penalty system. The race of the victim and the race of the defendant in capital cases are major factors in determining who is sentenced to die in the U.S. Those who murder white people are more likely to be sentenced to death than those whose murder black people.

The population of the USA is approximately 75 per cent white and 12 per cent black. Yet, 80% of the more than 840 people put to death in the USA since 1976 were convicted of crimes involving white victims, compared to the 13 per cent who were convicted of killing blacks.

The American Bar Association recently carried out an assessment which consisted of reviewing and analyzing each state's laws and processes affecting death penalty administration. The Project conducted eight assessments, in Alabama, Arizona, Florida, Georgia, Indiana, Ohio, Pennsylvania, and Tennessee. After examining eight states, the themes that emerged include:
Every state studied appears to have significant racial disparities in its capital system, particularly those associated with the race of the victim; Even in states with acknowledged racial disparities, little, if anything, has been done to rectify the problem; and Generally, states are not keeping the data necessary to conduct the sort of analysis necessary to quantify any problem with bias and identify its causes, making the process of conducting analysis difficult, if not impossible.

The following figures are taken from the Death Penalty Information Center

RACE OF PRISONERS CURRENTLY ON DEATH ROW

BLACK: 1,411 (41.9%)

HISPANIC: 354 (10.5%)

WHITE: 1,527 (45.3%)

OTHER: 78 (2.3%)

RACE OF DEFENDANTS EXECUTED IN THE U.S. SINCE 1976

BLACK: 352 (34%)

HISPANIC: 68 (6%)

WHITE: 591 (57.1%)

OTHER: 24 (2.3%)

RACE OF VICTIMS* SINCE 1976

BLACK: 218 (14%)

HISPANIC: 72 (4.0%)

WHITE: 1225 (80%)

OTHER: 32 (1.9%)

*NOTE: Number of Victims refers to the victims in the underlying murder in cases where an execution has occurred since the restoration of the death penalty in 1976. There are more victims than executions because some cases involve more than one victim.

Other Articles and Reports about Racial Disparities in Death Sentencing
"Race and the Death Penalty" (American Civil Liberties Union, 2003) This report names those jurisdictions with the highest percentage of minorities on Death Row, cites relevant court cases, and ultimately concludes that a "systemic racial bias in the application of the death penalty exists at both the state and federal level," and as such, "A moratorium on the death penalty is needed to address this miscarriage of justice."Click here for the full report.

"The Death Penalty in Black and White: Who Lives, Who Dies, Who Decides" (Dieter, Richard D., 1998) This report includes raw data, quotes from actual cases, data which has been controlled for non-racial factors, and information from both the state and federal level. The report includes unique information on the races of decision makers, prosecutors, and District Attorneys.Click here for the full report.

"U.S.: Death by Discrimination -- The Continuing Role of Race in Capital Cases" (Amnesty International, 2003) This study conclusively demonstrates that race and socio-economic levels play important roles in determining who will receive a death sentence. The study discusses state, national, and international statistics and policies, particularly emphasizing its findings on interracial murders.Click here for the full study.