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Serina Brown

Mrs. M. Castro

English 1302-281

28 Mar 2024

Racial Discrimination in Capital Punishment Cases

From the era of slavery to the modern-day criminal justice system, racial prejudice has

influenced the prosecution, sentencing, and execution of black people in America. African

Americans are disproportionately represented on death row, highlighting systemic biases at

various stages of the legal process. Factors such as implicit bias among jurors, racial profiling by

law enforcement, and insufficient legal representation contribute to the unequal treatment of

Black defendants. Furthermore, studies have shown that race plays a significant role in

prosecutorial decisions, jury selection, and judicial sentencing, intensifying disparities in capital

punishment outcomes. An analysis of historical trends, systemic biases, and case studies reveals

the undeniable influence of racism on capital punishment convictions. Based on this evidence,

the United States should impose a moratorium until the racial disparities ingrained in the system

are dismantled.

Racist Behavior from Police

Discrimination in the United States justice system is present at all stages, starting at the

initial arrest. All around the United States, racial disparities in routine police stops and arrests

persist as a troubling issue for people of color, specifically African Americans. For example, an

examination of bodycam footage revealed the police use harsh and disrespectful language when

speaking to African Americans in comparison to how they talk to white people. Furthermore, in

Oakland, California, 60% of police stops were African American despite the fact African
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Americans only make up 28% of the city's population (Hetey et al.). As a result, Black people

are more likely to be arrested, which creates an overrepresentation of minorities within prisons.

Lastly, the race of arrestees and defendants impacts prosecutorial decisions. For instance, in

murder cases, the prosecution is more likely to go after the death penalty if the defendant is

Black compared to any other race. This puts African Americans at higher risk of being sentenced

to execution.

Law enforcement targeting African Americans is not a new phenomenon. Issues such as

police brutality against African Americans and heavy policing of black communities can be

traced back to “slave patrol,” which had only one mission: stop slave uprisings with the ability to

pursue, capture, and return runaways to their owners. Slave patrols started in the early 1700s and

persisted until the end of the American Civil War when the 13th Amendment passed. Succeeding

the Civil War, during the Reconstruction Era, slave patrols were replaced by groups who were

given the power to control and deny equal rights to formerly enslaved people. Additionally, these

groups systematically enforced Black Codes, a series of laws passed by Southern states

restricting black people’s rights to own property, conduct business, and move freely in public

spaces. When the 14th Amendment abolished Black Codes in 1868, Jim Crow laws quickly took

their place. By the 1900s, towns began establishing police departments to enforce local laws,

including Jim Crow laws. Police officers were allowed and encouraged to use excessive brutality

on African Americans who violated any Jim Crow laws (Brucato).

Wrongful Convictions

Another way racial discrimination permeates the United States justice system is in the

courtroom. Extensive research has found that cases involving white victims and Black

defendants have demonstrated a troubling trend of higher capital punishment convictions

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(Eberhardt et al.). This phenomenon highlights deep-rooted racial biases within the criminal

justice system, where racial stereotypes influence trial outcomes. For example, in the article

“Looking Deathworthy: Perceived Stereotypicality of Black Defendants Predicts

Capital-Sentencing Outcomes,” Eberhardt et al. performed a study to determine how

“stereotypically black” defendants are judged by their peers. The study revealed not only a need

for reform but also the implicit bias of citizens. These factors contribute to the disproportionate

convictions and executions of African Americans, having detrimental effects on their

communities.

In 1986, an 18-year-old white woman named Ronda Morrison was murdered in

Monroeville, Alabama. After six months of investigation, the police came up with no leads or

suspects, and that’s when they began to focus their attention on a 45-year-old black man named

Walter McMillian. Mr. McMilliam was an improbable suspect as he had no prior criminal history

and a good reputation within his community. It wasn’t until a white man accused McMillian of

murder and the police discovered his affair with a white woman that he became their prime

suspect. Despite a substantial lack of evidence, Walter McMillian was arrested, charged, and

sentenced to life in prison by an all-white jury. Judge Robert E. Lee Key later overrode this

conviction and sentenced McMillian to death by the electric chair. He sat on death row until

1993 when he was found innocent and freed from prison (Equal Justice Initiative).

The case of Walter McMillian is just one example of the justice system placing a black

defendant's life on the line when the victim is white. Fortunately, McMillian avoided execution,

but woefully, he was the minority. Black death row prisoners are 80% more likely to be innocent

than other convicted murderers. Less than half of those prisoners are exonerated before their

execution (Gross et al.). This disparity underscores systemic racism and highlights the need for
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reform. The first step is to impose a moratorium on capital punishment until the undermining

principle cause of these disparities is addressed and corrected.

Conclusion

Reforming the criminal justice system is imperative to combat the racial disparities that

persist within it. These disparities manifest in various stages of the criminal justice process, from

policing practices to sentencing outcomes. To address this systemic issue, reforms must prioritize

several vital areas. First, there needs to be police reform that focuses on ending racial profiling.

Additionally, reforms should address sentencing disparities by promoting sentencing guidelines

that mitigate the influence of race. Until these disparities are addressed and amended, a

moratorium on capital punishment should be implemented to prevent further bigoted convictions

and executions. Lastly, to advocate for reform, citizens need to question their own implicit bias

and cognitive dissonance surrounding racial discrimination. Furthermore, people should question

the systems set in place, including their origins and how they operate. Openminded thinking can

lead to productive and nuanced conversations, resulting in significant changes to the system.
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Works Cited

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Critical Theory of Police Power in the Twenty-First Century, vol. 47, no. 3, Jan. 2020,

pp. 115–36, dialnet.unirioja.es/servlet/articulo?codigo=8112693.

Eberhardt, Jennifer L., et al. “Looking deathworthy.” Psychological Science, vol. 17, no. 5, May

2006, pp. 383–86, doi:10.1111/j.1467-9280.2006.01716.x.

Gross, Samuel R., et al. “Race and Wrongful Convictions in the United States 2022.” Social

Science Research Network, Jan. 2022, doi:10.2139/ssrn.4245863.

Hetey, Rebecca C., and Jennifer L. Eberhardt. “The Numbers Don’t Speak for Themselves:

Racial Disparities and the Persistence of Inequality in the Criminal Justice System.”

Current Directions in Psychological Science, vol. 27, no. 3, May 2018, pp. 183–87,

doi:10.1177/0963721418763931.

HOW THEY GET AWAY WITH MURDER: THE INTERSECTION - ProQuest.

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NAACP. “The Origins of Modern Day Policing.” NAACP, 3 Dec. 2021,

naacp.org/find-resources/history-explained/origins-modern-day-policing.

Richardson, Sandee “Wrongfully convicted man recalls death row.” Montgomery Advertiser, 14

Dec. 1997

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Pryce, Daniel K., et al. “A Neglected Problem: Understanding the Effects of Personal and

Vicarious Trauma on African Americans’ Attitudes Toward the Police.” Criminal Justice

and Behavior, vol. 48, no. 10, Apr. 2021, pp. 1366–89, doi:10.1177/00938548211006756.

“Walter McMillian.” Equal Justice Initiative, 23 Jan. 2020, eji.org/cases/walter-mcmillian.