Racial Disparities in Death Penalty Sentencing in the United States

In the United States, Black defendants are more likely to be sentenced to death than their white counterparts exclusively due to their race. There are several aspects that work to explain why this pattern is present, and this paper analyzes our current sentencing disparity through the lens of race to understand why this is the case. First, the historical context of legal racial discrimination will be explored as I discuss the legacy slavery and how the trade and ownership of Black people led to the devaluation of African Americans long after the 13th Amendment abolished the practice. This is seen from the establishment of convict leasing directly following abolition, to the development of Black Codes and Jim Crow laws, and eventually this legacy became the foundation that contributed to the targeted mass incarceration of African Americans beginning with Richard Nixon’s 1970s “war on drugs” campaign and spanning to today. Next, six important milestone Supreme Court cases relating to the evolution of capital punishment in the United States will be described. These cases include Furman v. Georgia, Gregg v. Georgia, Lockett v. Ohio, Batson v. Kentucky, and McCleskey v. Kemp. This research also presents data that illustrates the current trends in death penalty sentencing within 26 states who currently implement this punishment. The results show that there is an overwhelming amount of data in support of harsher criminal sentences and therefore a higher likelihood of Black defendants being sentenced to death in comparison to their white counterparts. Lastly, the systemic inequalities embedded within several aspects of capital trials are outlined—both in terms of juror bias against African American defendants as well as racial issues when hiring an attorney—and works to inform my argument that the death penalty should be abolished. An offender’s race should not play any role in determining the severity of their punishment, but the historic criminalization of Black people works to ensure that these groups of people are typically at a severe disadvantage when navigating the American justice system. Overall, the application of the death penalty can not be applied in a standard manner, nor can there be regulations passed in such a way to guarantee an absence of racism within our current system. Therefore, the United States should abolish this unjust, discriminatory practice.