A Model State Racial Justice Act: Fighting Racial Bias Without Killing the Death Penalty

2013 ◽  
Author(s):  
Rees Alexander
Keyword(s):  
Death Penalty ◽  
Racial Bias ◽  
Racial Justice ◽  
Model State

Racial Justice and Criminal Justice

2018 ◽  
Author(s):  
Andrew Valls
Keyword(s):  
Criminal Justice ◽  
African Americans ◽  
Criminal Justice System ◽  
Justice System ◽  
Racial Inequality ◽  
Racial Bias ◽  
The United States ◽  
Black Communities ◽  
Racial Justice ◽  
Black Neighborhoods

The criminal justice system in the United States both reflects racial inequality in the broader society and contributes to it. The overrepresentation of African Americans among those in prison is a result of both the conditions in poor black neighborhoods and racial bias in the criminal justice system. The American system of criminal justice today is excessively punitive, when compared to previous periods and to other countries, and its harsh treatment disproportionately harms African Americans. In addition, those released from prison face a number of obstacles to housing, employment, and other prerequisites of decent life, and the concentration of prisoners and ex-prisoners in black communities does much to perpetuate racial inequality.

Race and the Death Penalty

2021 ◽  
Author(s):  
Anthony G. Vito
Keyword(s):  
Death Penalty ◽  
Racial Bias ◽  
The United States ◽  
Death Sentence ◽  
White Female ◽  
Court Cases ◽  
Wrongful Convictions ◽  
Black Defendants ◽  
Black Defendant ◽  
Modern Era

The relation of race and the death penalty has been a consistent issue in the United States in what is known as the “modern era” of capital punishment. The modern era is defined as being from 1972 to the present, following the Furman v. Georgia decision. Supreme Court cases examining race and the death penalty have considered the application of the death penalty. Issues and concerns have been brought up about whether using statistical evidence is appropriate to determine racial bias that can be used in court cases, the role of a mandatory death penalty, and concern over striking jurors from the jury pool due to race. A wealth of empirical evidence has been done in different areas of the country and has shown some evidence of bias or disparities based on various statistical analyses. One of the more common issues found is issues regarding the race of the defendant (i.e., Black defendant or Black male defendant), the race of the victim (i.e., White victim or White female victim), or interracial dyad (i.e., Black defendant and White victim) that impacts whether the death penalty is sought or imposed. Another concern is wrongful convictions and exonerations. The criminal justice system is not infallible, and this is no more so apparent when deciding to give a death sentence. Prior research has shown that Black defendants are more likely to be involved in cases later found to be wrongful convictions or exonerations. Due to the issue regarding race and the death penalty, two states Kentucky and North Carolina, have created Racial Justice Acts. The creation of these two acts is a good sign of efforts to deal with race and the death penalty. However, how its use and when shows that there is much more work is needed.

scholarly journals Conflicted conservatives, punitive views, and anti-Black racial bias 1974–2014

2017 ◽  
Vol 21 (1) ◽  
pp. 3-27 ◽  
Author(s):  
Elizabeth K Brown ◽  
Kelly M Socia ◽  
Jasmine R Silver
Keyword(s):  
Criminal Justice ◽  
Death Penalty ◽  
Violent Crime ◽  
Racial Bias ◽  
White Americans ◽  
Penal Policy ◽  
Policy Issues ◽  
Criminal Justice Reform ◽  
Swing Voters

Research suggests that the views of “conflicted conservatives,” Americans who self-identify as conservative but express support for liberal governmental policies and spending, are particularly important in policymaking and politics because they are politically engaged and often act as swing voters. We examine punitive views among conflicted conservatives and other political subgroups in three distinct periods in the politics of punishment in America between 1974 and 2014. In particular, we consider the punitive views of conflicted conservatives relative to consistent conservatives, moderates, and liberals. Given the barrier that racialized typifications of violent crime may pose to current criminal justice reform efforts, we also explore the role of anti-Black bias in predicting punitive views among White Americans across political subgroups. Our overall findings indicate that conflicted conservatives are like moderates in their support for the death penalty and like consistent conservatives on beliefs about court harshness. These findings, and supplemental analyses on punitive views and voting behaviors across political subgroups, call into question whether conflicted conservatives have acted as critical scorekeepers on penal policy issues. We also find that anti-Black racism was significantly related to punitive views across political subgroups and among liberals in particular.

scholarly journals Comparing Black and White Drug Offenders

2016 ◽  
Vol 47 (1) ◽  
pp. 132-142 ◽  
Author(s):  
Alana Rosenberg ◽  
Allison K. Groves ◽  
Kim M. Blankenship
Keyword(s):  
Drug Treatment ◽  
Poverty Alleviation ◽  
Racial Bias ◽  
Racial Justice ◽  
New Haven ◽  
Collateral Consequences ◽  
Drug Offenders ◽  
Black And White ◽  
Drug Problems ◽  
Addictive Drug

Despite knowledge of racial bias for drug-related criminal justice involvement and its collateral consequences, we know less about differences between Black and White drug offenders. We compare 243 Black and White non-violent drug offenders in New Haven, Connecticut, for demographic characteristics, substance use, and reentry services accessed. Blacks were significantly more likely to have sales and possession charges; significantly more likely to prefer marijuana, a less addictive drug; and significantly less likely to report having severe drug problems. For both races, drug treatment was the most common service accessed through supervision. These comparisons suggest different reasons for committing drug-related crimes and, thus, different reentry programming needs. Although drug treatment is critical for all who need it, for racial justice, we must also intervene to address other needs of offenders, such as poverty alleviation and employment opportunities.

A TASTE FOR PUNISHMENT: Black and White Americans' Views on the Death Penalty and the War on Drugs

2004 ◽  
Vol 1 (1) ◽  
pp. 151-180 ◽  
Author(s):  
Lawrence D. Bobo ◽  
Devon Johnson
Keyword(s):  
Public Opinion ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Death Penalty ◽  
Justice System ◽  
Racial Bias ◽  
Significant Degree ◽  
Racial Prejudice ◽  
White Americans ◽  
Black And White

It is commonly accepted that Black and White Americans hold divergent views about the criminal justice system. Furthermore, many accept the view that U.S. public opinion is unflinchingly punitive where issues of criminal justice policy are concerned, with this punitiveness among White Americans deriving to a significant degree from anti-Black prejudice. Using a series of survey-based experiments and large, nationally representative samples of White and African American respondents, we subject the questions of Black-White polarization, unyielding punitiveness, and the influence of racial prejudice to close scrutiny. Our results, first, confirm large Black-White differences in opinion with Blacks consistently less punitive than Whites. These differences are substantially a result of beliefs about the extent of racial bias in the criminal justice system. Second, the framing experiments suggest that responses to the death penalty are very different than responses to drug-related crimes like crack or powder cocaine use, with the former exhibiting far less malleability than the latter. Third, racial prejudice is a consistently large influence on White public opinion and a weaker, but sometimes important influence among Blacks as well. Implications for discourse on race and crime are also discussed.

scholarly journals Examining the Sources of Racial Bias in Potentially Capital Cases

2016 ◽  
Vol 7 (1) ◽  
pp. 7-34 ◽  
Author(s):  
Nick Petersen
Keyword(s):  
Criminal Justice ◽  
Los Angeles ◽  
Racial Disparities ◽  
Death Penalty ◽  
Capital Punishment ◽  
Racial Bias ◽  
Death Sentences ◽  
Capital Cases ◽  
Logistic Regressions ◽  
Research Questions

While prior research has uncovered racial disparities in the administration of death sentences, little attention has been devoted to earlier stages in the capital punishment processes. To understand the locus of racial bias within death penalty institutions, this study examines the entry of homicide cases into Los Angeles County’s criminal justice system during a 5-year period. This two-part analysis seeks to answer the following research questions: (1) Does victim/defendant race influence homicide clearance and death penalty charging decisions? and (2) if so, does the likelihood of clearance mediate the effect of victim race on death penalty charges? Logistic regressions indicate that cases involving Latino victims are less likely to be cleared. Moreover, cases with Black and Latino victims are less likely to be prosecuted with a death penalty–eligible charge. Racial disparities accumulate across these stages, with clearance patterns influencing subsequent death penalty charging decisions. Results underscore the cumulative nature of racial within criminal justice institutions. By linking police and prosecution outcomes, these findings also highlight the interrelationship between criminal justice agencies.

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