Race

Equal Justice Initiative Memorial Highlights Links Between Lynching and Death Penalty

The Equal Justice Initiative has announced plans to construct a Memorial for Peace and Justice in Montgomery, Alabama to commemorate the victims of terror lynchings in the American South. In a New Yorker profile of EJI executive director Bryan Stevenson, Jeffrey Toobin describes EJI's criminal defense work and the genesis of the lynching memorial. "There’s no question that we have a long history of seeing people through [a] lens of racial difference. It’s a direct line from slavery to the treatment of black suspects today, and we need to acknowledge the shamefulness of that history,” Stevenson says. “Our society applies a presumption of dangerousness and guilt to young black men, and that’s what leads to wrongful arrests and wrongful convictions and wrongful death sentences." EJI's groundbreaking book, Lynching in America: Confronting the Legacy of Racial Terror, has documented hundreds of previously unacknowledged lynchings across the South. Stevenson and other scholars link the history of lynchings to the use of the death penalty today. Professor Jordan Steiker of the University of Texas at Austin said, “In one sense, the death penalty is clearly a substitute for lynching. One of the main justifications for the use of the death penalty, especially in the South, was that it served to avoid lynching. The number of people executed rises tremendously at the end of the lynching era. And there’s still incredible overlap between places that had lynching and places that continue to use the death penalty.” The peace memorial, which EJI hopes to open in in 2017, will contain a suspended column representing each U.S. county in which a lynching has been documented. Volunteers have traveled across the American South collecting soil from each known lynching site for inclusion in the memorial. In addition to the permanent columns, there will be a removeable column for each county, which EJI will encourage local jurisdictions to return to their home counties to display as an acknowledgment of their history. “We’re going to create a space where you can walk and spend time and go through that represents these lynchings," Stevenson said, "But, more than that, we’re going to challenge every county in this country where a lynching took place to come and claim a memorial piece—and to erect it in their county.”

NEW VOICES: Latino Evangelical Leaders Call For End to Capital Punishment

Leaders of national Latino evangelical groups are calling for an end to the death penalty, citing both religious convictions and practical concerns about the fairness of capital punishment. Reverend Gabriel Salguero (pictured), founder of the Latino Evangelical Coalition, said, “Given studies on how the death penalty is meted out, particularly for people of color, if it’s not a level playing field, we need to speak out. ... The needle has moved for Latinos and evangelicals." According to the Bureau of Justice Statistics, Latinos comprise a growing portion of the nation's death rows, increasing from 11% in 2000 to 13.5% in 2010, with half of the new Latino death row inmates coming from California. A 2014 study of California jurors found that white jurors were more likely to impose death sentences if defendants were Latino and poor. Another California study found that the odds that a capital defendant would be sentenced to death were were more than triple for those convicted of killing whites than for those convicted of killing blacks and more than 4 times greater than for defendants convicted of killing Latinos. "There’s been a shift, not just attributed to religion, but a heightened understanding of the death penalty and its implicit bias in the criminal justice system," said Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund. Salguero summarized the religious backing for opposition to the death penalty, saying, "The gospel teaches us that crime has a place, but God has the last word....Christ was an innocent man who was executed. If there’s a possibility that we execute one innocent person we should have pause."

Defense Lawyers, Former Prosecutors, and Constitutional Rights Groups File Amicus Briefs in Buck v. Davis

Five groups, representing defense lawyers, former prosecutors, and organizations devoted to protecting constitutional liberties have filed amicus briefs in the U.S. Supreme Court in support of Texas death row prisoner Duane Buck. Buck was sentenced to death when a psychiatrist presented by his own lawyer said he posed a greater potential danger to society because he is Black, and the case attained widespread notoriety after the new Texas attorney general failed to honor a commitment by his predecessor not to oppose a new sentencing hearing. On August 4, the National and Texas Associations of Criminal Defense Lawyers, a group of former prosecutors, the Lawyers' Committee for Civil Rights Under Law, and the Constitutional Accountability Center joined the National Black Law Students Association (NBLSA) in submitting briefs arguing that Buck's rights were violated by the racial arguments made at his trial. The NBLSA said, "Whether by a judge, a prosecutor, or defense counsel, an appeal to a jury based on racial prejudice poisons our system of justice." The Lawyers Committee for Civil Rights Under Law stated, "Mr. Buck was entitled to have his dangerousness assessed on an individualized basis based on his personal attributes. Instead he received a death sentence tainted by four hundred years of racial stereotyping invoked by a witness who was supposed to testify on his behalf." The former state and federal prosecutors, who include former Texas Governor and Attorney General Mark White, former Attorneys General from Virginia, Tennessee, North Carolina, and Ohio, and the second-chair prosecutor from Buck's trial, highlighted Texas' refusal to provide Buck a new sentencing hearing, even though it had included him on a list of defendants whose trials were tainted by similar testimony by the same psychologist, and every other one of those defendants had received new sentencing hearings. "To backtrack on an ethical obligation and decision to grant relief to a defendant in any context is extraordinary; it is particularly so here, where the purpose of backtracking was to defend the propriety of a capital sentencing hearing tainted by racist testimony," they said. The Court is scheduled to hear argument in Buck v. Davis on October 5. 

Policy Platform of The Movement for Black Lives Calls for "An End to Capital Punishment"

On August 1, The Movement for Black Lives issued a 40-point policy platform that includes a call for the abolition of capital punishment. The platform, which was written or endorsed by more than 60 activist groups including the Black Lives Matter Network, describes its purpose as "articulat[ing] our vision of a fundamentally different world." The portion of the platform seeking "an end to capital punishment" calls the death penalty "morally repugnant," and links it to the legacy of race-based lynchings against Blacks in the U.S. "The death penalty devalues Black lives," it states, going on to describe capital punishment as "geographically discriminatory," "expensive," and "randomly and arbitrarily sought by prosecutors." The document also raises concerns about the issue of innocence, noting that 156 people have been exonerated from death row, and capital punishment's connections to mental health and trauma, stating, "many people on death row have mental illnesses, cognitive limitations, severe trauma histories, and prior criminal records, often directly related to racial bias and poverty." Other recommendations related to criminal justice include demilitarization of police, an end to privatization of prisons, and an end to solitary confinement. The platform also contains sections addressing issues related to reparations, economic justice, political access, and investment in Black communities. “We recognize that not all of our collective needs and visions can be translated into policy, but we understand that policy change is one of many tactics necessary to move us towards the world we envision, a world where freedom and justice is the reality,” said M Adams, the co-executive director of Madison, Wisconsin-based Freedom, Inc. and one of the authors of the platform.

Bo Cochran, Acquitted in 1997 After 19 Years on Alabama's Death Row, Dies at 73

James Willie "Bo" Cochran, who spent 19 years on Alabama's death row for a killing he did not commit, has died at age 73. His lawyer, Richard Jaffe, said that Mr. Cochran and his case "are reasons why the death penalty does not work. He did not kill anyone, was wrongfully convicted and found innocent because he had lawyers that took up his cause."  Mr. Cochran, who is black, was found guilty and sentenced to death for the murder of a white grocery store clerk. His jury, which was composed of 11 white and one black jurors, had been told that the victim had followed Cochran out of the store after a robbery and that, after police had arrived on the scene, Cochran shot the clerk, leaving his body under a trailer in a nearby mobile home. There were no eyewitnesses to the actual murder. Cochran was arrested nearby with a gun that had not been fired. Cochran won a new trial after proving that prosecutors unconstitutionally removed black jurors from his case on the basis of race. He presented testimony from former prosecutors that the DA's office had a pattern of striking black jurors, had a philosophy that prospective black jurors "were anti-police, anti-establishment and should not be left on juries, if at all possible,” and that race was a factor in these strikes, "particularly where you had a white victim and a black defendant․" On retrial, Cochran was acquitted after presenting evidence that the victim had been accidentally shot by two officers responding to the robbery, who then panicked and moved the body under the trailer, where it was discovered by other officers. After Cochran's acquittal, he and Jaffe made frequent appearances to talk about the case. Jaffe described Cochran as "never bitter, always grateful." He called Cochran's life "a story of redemption and forgiveness," exemplifying the lesson that "We can be forgiving, no matter what happens to us. He truly touched a lot of lives. We loved Bo. He'll be missed." 

BOOKS: "Race and the Death Penalty: The Legacy of McCleskey v. Kemp"

In a landmark ruling in McCleskey v. Kemp in 1987, a bitterly divided U.S. Supreme Court voted 5-4 vote that statistical evidence of racial discrimination in the application of the death penalty was insufficient to overturn an individual death sentence. A new book, Race and the Death Penalty: The Legacy of McCleskey v. Kemp, edited by David P. Keys, associate professor of criminal justice at New Mexico State University and R.J. Maratea of the Youth Research and Resource Center, Inc. explores the lasting effects of the McCleskey ruling. Race and the Death Penalty contains 12 chapters by death penalty experts, each discussing a different aspect of race in the post-McCleskey death penalty system, including research on the racial disparities in capital sentencing that persist today. In a review, Scott William Bowman, Assistant Professor of Criminal Justice at Texas State University, said the book "does a marvelous job of balancing the historical and contemporary narratives of how race and racism interact with the ongoing application of the death penalty.... Keys and Maratea have rejuvenated the dialogue."

Categories: 

U.S. Supreme Court Orders Reconsideration of Three Cases in Light of Jury Selection Decision

The U.S. Supreme Court granted writs of certiorari in three jury discrimination cases on June 20, vacating each of them and directing state courts in Mississippi, Alabama, and Louisiana to reconsider the issue in light of the Court's recent decision in Foster v. Chatman. Two of the petitioners, Curtis Flowers of Mississippi and Christopher Floyd of Alabama, are currently on death row. The third, Jabari Williams, was convicted in Louisiana of second-degree murder. Earlier this year, the Supreme Court granted Timothy Foster a new trial because prosecutors illegally excluded blacks from his jury. Flowers, Floyd, and Williams all raised issues of racial discrimination in jury selection that were rebuffed in the state courts. As in Foster's case, the prosecutor's notes in Floyd reflect race-conscious jury strikes. Floyd's prosecutor marked African American potential jurors with a "B" on its list of jurors to remove, then struck 10 of 11 black prospective jurors. Flowers has been tried six times. His first two convictions were overturned because of prosecutorial misconduct, and his third as a result of racial bias in jury selection. His fourth trial ended in a mistrial and his fifth trial resulted in a hung jury. At his most recent trial, eleven white jurors and one black juror convicted him after just 30 minutes of deliberation. The Equal Justice Initiative, which represents Floyd, released a statement saying, "Racial bias has been a longstanding problem in Alabama, where more than two dozen cases have been reversed after courts found that prosecutors engaged in intentional racial discrimination during jury selection." EJI Executive Director, Bryan Stevenson, said racial bias in jury selection “undermines the integrity of the criminal justice system.” He told the Montgomery Advertiser, "What we’ve found is regardless of the race of the defendant, a lot of prosecutors appear not to trust black people in juries, which is illegal and unconstitutional.”

POLL: By 2:1 margin, Black South Carolinians Support Sentencing Church Shooter to Life Without Parole

A recent poll conducted by the University of South Carolina reveals deep racial divisions in the state over the death penalty and over the appropriateness of applying it in the case of Dylann Roof, the white defendant who faces state and federal capital charges in the race-based killings of nine black members of Emanuel AME Church in Charleston. According to the poll, 64.9% of African Americans in South Carolina oppose the death penalty, while 69.4% of white South Carolinians say they support it. Blacks were also more than twice as likely to support a sentence of life without parole for the church killings than to support the death penalty. Nearly two-thirds of black South Carolinians (64.7%) said that Roof should be sentenced to life without parole if convicted of the nine killings, while less than a third (30.9%) favored the death penalty. 4.4% said they did not know what sentence should be imposed. The views of white South Carolinians were diametrically opposite, with 64.6% saying they think Roof should be sentenced to death if convicted and 29.9% prefering life without parole. 5.6% of whites said they did not know which sentence should be imposed. Monique Lyle, who conducted the poll, said the results reflect consistent opposition to the death penalty among most black South Carolinians. Kylon Middleton, senior pastor of Mount Zion AME Church in Charleston, said the black community's opposition to capital punishment is tied to racial bias in the criminal justice system, adding, "We have been brutalized in this country, therefore, we can empathize with anyone … who would receive ultimate judgment." A recent study of South Carolina's death penalty found significant racial disparities in death sentences. For example, the study found that although 48% of South Carolina murder victims are black males, those cases account for only 8% of the state's death sentences. Earlier studies also found striking evidence of geographic and racial arbitrariness in South Carolina's application of capital punishment. The new poll also found profound differences in the views of South Carolinians as to how they believed African Americans were treated in the U.S. criminal justice system. 82.3% of blacks say that the justice system is biased against blacks. 59.5% of whites say it treats blacks fairly and 3.9% say it is biased in favor of blacks.

Pages