Race

Federal Court Rejects Duane Buck Racial Bias Appeal

The U.S. Court of Appeals for the Fifth Circuit rejected an appeal in the case of Texas death row inmate Duane Buck, who argued that his trial was tainted by ineffective representation and racial bias when Buck’s own mental health expert testified that he could be a future danger to society because he is black. Dr. Walter Quijano, a clinical psychologist, testified in the sentencing phase of Buck's case on the issue of future dangerousness. The prosecutor asked Quijano, "You have determined that the sex factor, that a male is more violent than a female because that's just the way it is, and the race factor, black, increases the future dangerousness for various complicated reasons, is that correct?" Quijano answered, "Yes." Buck, who is black, was sentenced to death. Buck's case was one of six capital cases identified in 2000 as tainted by Quijano's testimony. The other five have had new sentencing hearings, but Buck has not. Buck presented 11 arguments in his appeal, but the court said, "Jurists of reason would not debate that Buck has failed to show extraordinary circumstances justifying relief." Attorneys for Buck said, "This decision can only deepen the growing skepticism of the fairness of the criminal justice system. No competent capital defense attorney would invite the sentencing jury to make a life-or-death decision based on racial fears and stereotypes and no court should enforce a judgment in which race was explicitly proffered as the basis for a death sentence."

STUDIES: Racial Bias in Jury Selection

A new study of trials in Caddo Parish, Louisiana, revealed that potential jurors who were black were much more likely to be struck from juries than non-blacks. The results were consistent with findings from Alabama, North Carolina, and other parts of Louisiana, highlighting an issue that will be reviewed by the U.S. Supreme Court this fall. In Caddo Parish, an area known for its many death sentences, prosecutors used peremptory strikes against 46% of black jurors, but only 15% of other jurors, according to the study by Reprieve Australia. The racial composition of the juries appeared to make a difference in the ultimate outcome of the cases. The study found that no defendants were acquitted by juries with 2 or fewer black jurors, but 19% were acquitted when 5 or more jurors were black. In an Alabama study, prosecutors used peremptory strikes to remove 82% of eligible black potential jurors from trials in which the death penalty was imposed. A study of death penalty cases in North Carolina found that prosecutors struck 53% of black potential jurors but only 26% of others. (Click image to enlarge.)

Mentally Ill James Holmes Sentenced to Life in Prison in Aurora, CO Theater Shooting

On August 7, a jury in Aurora, Colorado, sentenced James Holmes to life in prison without the possibility of parole for the 2012 movie theater shooting that killed 12 people and injured dozens more. The jury said they could not reach a unanimous decision on Holmes' sentence, an outcome that results in a sentence of life without parole. After the trial, one juror said that the prosecution had not persuaded three of the jurors to impose a death sentence. The deliberations, she said, were very emotional, and at the time jurors agreed to stop deliberating, one juror was firmly committed to a life sentence, with two other holdouts still undecided. She said, "The issue of mental illness was everything for the one who did not want to impose the death penalty." Holmes had also offered to plead guilty in exchange for a sentence of life without parole, which would have removed the need for the six-month trial that cost Colorado taxpayers more than $5 million. After that plea offer was rejected, Holmes pleaded not guity by reason of insanity. All of the mental health experts agreed that Holmes would not have committed the killing but for his mental illness, but disagreed on whether he could appreciate the criminality of his conduct. The jury rejected the insanity defense and convicted him of all charges. Holmes' sentence highlights both the rarity of death sentences in Colorado and racial and geographic inequities in its imposition.

New Study Shows Discrimination in Colorado Prosecutors' Use of Death Penalty

new study to be published in the University of Denver Law Review shows that whether prosecutors seek the death penalty in Colorado "depends to an alarming extent on the race and geographic location of the defendant." The study - based upon 10 years of data collected by attorney Meg Beardsley and University of Denver law professors Sam Kamin and Justin Marceau and sociology professor Scott Phillips - shows that race and place are statistically significant predictors of whether prosecutors will seek the death penalty in Colorado and that prosecutors are more likely to seek the death penalty against minority defendants than against white defendants. In a press release accompanying the release of the study, the researchers say the data "directly refutes the claims made by elected officials, that racial disparities merely reflect the propensity of certain races to commit more murders." The study also shows that, even after controlling for the rates at which different racial groups commit statutorily death-eligible murders and for the "heinousness" of the murders, non-white defendants and defendants in Colorado’s 18th Judicial District - where the capital trial of James Holmes for the Aurora movie theater killings is taking place - were more likely than others to be capitally prosecuted. 

Legal Scholar Says President Obama May Be Close to Opposing Death Penalty

According to Charles J. Ogletree, Jr., a Harvard law professor who taught President Obama and the First Lady when they were law students, the President may be changing his views on capital punishment. Obama has said that he supports executions for "especially horrific" murders, but has also raised concerns about the death penalty. Ogletree said that Obama's recent focus on racial bias in the criminal justice system, as well as declining public support for the death penalty, may drive the President to oppose capital punishment. "He's not there yet, but he's close," Ogletree said. "Even if he doesn't change his mind in the next year and a half, I think the public's point of view is going to influence him." A former strategist for President George W. Bush, Matthew Dowd, recently compared changing public views on the death penalty and same-sex marriage, saying, "Twenty years from now, people that are for the death penalty are going to be in the same place as people that are against gay marriage." In 2014, Obama commented on the death penalty after the botched execution of Clayton Lockett. "In the application of the death penalty in this country, we have seen significant problems -- racial bias, uneven application of the death penalty," he said. A growing body of research supports Obama's statement about racial bias. For example, a study in Philadelphia found that the odds of a jury handing down a death sentence were 29 times higher if the defendant was black, and that murder cases involving a black defendant and a white victim resulted in death sentences at 5 times the rate of cases in which the races were reversed.

STUDY: Missouri Study Finds Significant Racial and Geographic Disparities in Application of Death Penalty

A new study by Professor Frank Baumgartner of the University of North Carolina at Chapel Hill finds stark racial and geographic disparities in the application of the death penalty in Missouri. A majority of Missouri's executions came from just 2.6% of the state's counties, mirroring national trends, as 2% of U.S. counties have produced 52% of all executions since 1976. St. Louis County - the home of Ferguson, Missouri - has carried out more executions than any other Missouri jurisdiction. A person convicted of homicide in that county is three times more likely to be executed than someone convicted of the same crime elsewhere in the state and is 13 times more likely to be executed than for having committed the same crime in neighboring St. Louis City. Baummgartner also found significant racial disparities, particularly relating to the race of victims. Homicides involving white victims were 7 times more likely to result in executions than those involving black victims. Although 60% of murder victims in Missouri are black, 81% of people executed in Missouri had been convicted of killing white victims. Cases involving white female victims were 14 times more likely to result in execution than those involving black male victims. "If left unaddressed, these racial, gender, and geographic disparities may erode judicial and public confidence in the state’s ability to fairly administer the ultimate punishment," Baumgartner concludes. "A punishment that is so arbitrarily and unfairly administered could reasonably be deemed unconstitutional." (Click image to enlarge.)

94.5% of Elected Prosecutors in Death Penalty States Are White

According to a study by the Women Donors Network, 95% of elected prosecutors in the U.S. are white and 79% are white men. An analysis by DPIC of the study's data further shows that, in states that have the death penalty, 94.5% of elected prosecutors are white. In 9 death penalty states (Colorado, Delaware, Idaho, Montana, Oregon, South Dakota, Tennessee, Washington, and Wyoming), 100% of elected prosecutors are white. These numbers reveal that there has been little change from the time of a 1998 study that found that 97.5% of District Attorneys in death penalty states were white. Prosecutors wield significant power in criminal cases, making decisions about whether to accept plea deals and whether or not to seek the death penalty in capital murder cases. This discretion can be a source of racial disparities in sentencing. “What this shows us is that, in the context of a growing crisis that we all recognize in criminal justice in this country, we have a system where incredible power and discretion is concentrated in the hands of one demographic group,” said Brenda Choresi Carter of the Women Donors Network. Bryan Stevenson, director of the Equal Justice Initiative, said, “I think most people know that we’ve had a significant problem with lack of diversity in decision-making roles in the criminal justice system for a long time. I think what these numbers dramatize is that the reality is much worse than most people imagine and that we are making almost no progress.” (Click image to enlarge)

Bryan Stevenson Puts the Charleston Massacre and the Use of the Death Penalty in Historical Context

In an interview with The Marshall Project, Bryan Stevenson (pictured), director of the Equal Justice Initiative and author of Just Mercy, discussed the role the history of slavery, lynchings, and racial terrorism in the South played in the racially-motivated killings of nine black people in an historic black church in Charleston, South Carolina. In the interview, Stevenson described the historical use of the death penalty as a tool to reinforce a racially discriminatory social order. This, he says, is manifest in race-of-victim disparities in death penalty cases: "In Alabama, 65% of all murder victims are black, but 80% of all death sentences are imposed [when victims] are white. And that’s true throughout this country. We’ve used it particularly aggressively when minority defendants are accused of killing white people."  Occasionally, he says, states will seek the death penalty for a white man accused of a racially-motivated murder, masking the need for an open and honest discussion of this country's race problems. "You'll see lots of people talking enthusiastically about imposing the death penalty on this young man in South Carolina. But that’s a distraction from the larger issue, which is that we’ve used the death penalty to sustain racial hierarchy by making it primarily a tool to reinforce the victimization of white people." Given its historical legacy as tool of racial oppression, Stevenson urges the abolition of the death penalty, saying, "If I were the governor of South Carolina, I’d say: 'We’re going to abolish the death penalty, because we have a history of lynching and terror that has demonized and burdened people of color in this state since we’ve became a state.'...And I think every southern governor should do the same. That’s when you’d get the different conversations starting in this country. Then you might get some progress."

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