
AP
Convicted murderer Marcus Reymond Robinson has been spared the death penalty by a North Carolina judge who says race played a factor in jury selection in his case.
A North Carolina judge ruled Friday that racial discrimination played a role in sending a black man to death row for killing a white teenager in 1991, a groundbreaking decision rendered under the state's Racial Justice Act.
Cumberland County Superior Court Judge Greg Weeks said condemned inmate Marcus Robinson should be spared execution and instead serve a life sentence in prison without possibility of parole.
Weeks found that prosecutors deliberately excluded qualified black jurors from jury service in Robinson’s case, and said there was evidence this was happening in courts throughout the state.
Robinson’s case was the first to be heard under North Carolina’s Racial Justice Act, a 2009 law that allows prisoners facing execution and capital murder defendants to present evidence of racial bias, including statistics, in court.
Weeks' ruling is expected to be the first of many involving condemned North Carolina inmates. Those who win their claims can have their sentences converted to life in prison without parole. The Racial Justice Act cannot be used to set anyone free.
"The Racial Justice Act represents a landmark reform in capital sentencing in our state," Weeks said in Fayetteville on Friday, according to The Associated Press. "There are those who disagree with this, but it is the law."
Social justice advocates have long contended that racism has put convicted killers on death row unfairly.
North Carolina has 157 death-row inmates, more than half of whom are black. All but a few have filed to challenge their sentences under the Racial Justice Act. Robinson's case was the first to get a hearing before a judge.
Reading a summary of his ruling from the bench, Weeks said that “race was a materially, practically and statistically significant factor in the decision to exercise peremptory challenges during jury selection by prosecutors” at the time of Robinson’s trial. The judge added that the disparity was strong enough “as to support an inference of intentional discrimination."
Prosecutors said Friday they planned to appeal Weeks' decision.
Robinson, now 38, was sentenced to death for murdering 17-year-old Erik Torbblom in 1991 during a robbery. Robinson was 18 at the the time of the crime. The jury that sent him to death row him had nine whites, two blacks and one American Indian.
It was later shown that prosecutors removed 50 percent of all qualified black jurors from serving on his jury, but removed only 14.8 percent of all other jurors.
In the Racial Justice Act hearing, Weeks heard testimony from experts who said race was a significant factor in jury selection in North Carolina as prosecutors decided to challenge and eliminate black jurors much more often than whites.
A Michigan State University study of jury selection practices in North Carolina capital cases between 1990 and 2010 was introduced as evidence. The study concluded that prosecutors peremptorily struck black potential jurors at more than twice the rate they struck non-black jurors.
Video: Death penalty being rewritten across the country
The Center For Death Penalty Litigation, a Durham, N.C.-based nonprofit group that helps represent defendants accused or convicted of capital crimes, praised Weeks’ decision.
“This decision marks a new day for justice in North Carolina where the justice system acknowledges past discrimination and respects the rights of persons of all races to serve on juries,” the group said.
According to the center, 31 inmates on North Carolina’s death row were sentenced to death by all-white juries, and an additional 38 had juries with only one person of color.
"North Carolina’s Racial Justice Act has proven to be a powerful tool for shedding light on discrimination in the death penalty," said Cassandra Stubbs, staff attorney for the ACLU Capital Punishment Project and part of the legal team that represented Robinson during his almost three-week-long Racial Justice Act hearing. "For over 100 years, jury selection in capital cases has been plagued by racial discrimination against qualified African-American citizens. Today’s decision offers promise that change in this area, long overdue, is finally coming.”
The only other state to pass a Racial Justice Act is Kentucky, where the law allows challenges on a pre-trial basis rather than through appeals.
North Carolina, one of 34 states that still have the death penalty, has the nation’s sixth-largest death row, according to the ACLU.
More content from msnbc.com and NBC News:


Uh-oh, gonna be riots in the white neighborhoods, lock your doors!
I suppose you mean to point out that there won't be. But of course, there haven't been any riots of any kind in the US in a few decades. I think you need to spend some time in Europe or Asia, and then come back to the states and make comments about rioting.
Great job "liberalizing" reality yet again MSNBC.
The details of the crime show that not only should he still be executed he should have been charged with a hate crime from the beginning. Too bad the taxpayers will have to spend $50,000 a year to keep this scum alive.
"Robinson and co-defendant Roderick Williams Jr. were convicted of murdering 17-year-old Erik Tornblom after the teen gave his killers a ride from a Fayetteville convenience store. Tornblom was forced to drive to a field, where he was shot with a sawed-off shotgun."
http://news.yahoo.com/judge-race-played-role-nc-death-penalty-case-152140015.html
A 17 yr-old kid gives you and your friend a ride, and you repay the act by executing him with a sawed-off shotgun in a field. It doesn't get much lower than that.
Yup, more MS- BS "news"
And for Sally in Chicago below, a jury of your peers means a cross section of all people, not just your "race."
I would say that the above group of people is pretty representative of his "peers" or any other American.
Getting away with killing white people is getting easy!
Eric Holder is a happy man today!
University of Chicago Student, exactly what is going on down there in Hyde Park? Are you reading at all? No riots in the US in a few decades? I hope you aren't a history student. Yet I fear you must be too young to remember the name Rodney King? But setting that instance aside (1991), possibly the worst in our history and only a little over 20 years ago, there have been many instances since. Sadly we do not seem to be able to go more than about 5 years without a note-worthy instance of rioting - and most of the instances stem from racial, ethnic or other prejudicial tensions.
Catch up - and if necessary tell your friends. We need the students in our finest institutions to be well-informed by whatever means, that is if it's not coming with the coursework:
Nobody is arguing the severity of the crime. The fact is, it is a violation of court rules to exclude potential jurors on the basis of their race. If one side wants to exclude a black juror, it must give a race-neutral reason why they are being excluded. Apparently, these prosecutors are excluding black jurors solely on the basis of race.
They can't do that in America. From the article:
"It was later shown that prosecutors removed 50 percent of all qualified black jurors from serving on his jury, but removed only 14.8 percent of all other jurors."
Hmm....OJ's jury was 9 black, 2 white and 1 hispanic.....
You know life started before you got to college right?
You must have been watching pokemon when the Rodney King riots happened.
You have to know by now that OJ got let off for murder because LA would have burned to the ground.
You had to have been old enough to have watched what happened after Katrina, technically not riots only because the smart people evacuated, but still mass looting. Oh, none of which happened in Ohio in the same flood condidtions.
Im sure youve seen caps from OWS Oakland, you must have since thats a college kid thing.
So yes, actually his joke wasnt that far beyond realistic sarcasm.
Clotho, was it ok to exclude jurors that werent liberal enough in the casey anthony trial? Im not seeing the difference.
O.J "got let off for murder" as revenge for Rodney King. Several of the jurors stated that to the press after the trial. It wasn't thrown out by the judge or an appeals court. There was no secret conspiracy. The LAPD ticked off the black community of LA and they returned the favor by letting O.J. go. Look it up.
Also, being liberal is not a race. There's no legal distinction between liberals and conservatives in court rules. You can look that up, too.
OJ got the jury he needed, which acquitted him because they new LA was toast if that didnt happen, it wasnt a conspiracy, it was because he isnt a mass murderer but mass murder would have been the out-come of a guilty verdict.
Good job figuring out that liberal isnt a race, it is however the mind-set of a 10year old, so maybe they could use age discrimination.
Iam so sick of the racial injustice against whites in America. Truly makes me sick! Hate crimes commited by blacks against whites and other races abounds and they are let off the hook time and time again. What can we do?
Maybe its because he looks like the son that the judge never had. What hogwash!!! Both the prosecution and the defense are limited to the number of challenges they have, the defense must have excused a few qualified blacks too. So now, every minority in prison is going to scream racism!
This sounds like a bunch of crap. The makeup of the jury sounds like it was pretty reflective of the population of the area. There were two blacks on the jury who also voted to execute this piece of @!$%#. I could understand this la being used in cases where it was an all white jury, but when minorities are represented in a number approximately equal to their percentage in the general population of the area, I do not see how they can say that racism was involved in the verdict. Any one of the minority members of the jury could have stopped this person from being executed if they did not think the crime warranted it.
.
Do you jackasses commenting on hate crimes against white people live in the REAL WORLD? If a black male even looks near a white person, must less harm them, they are going to jail for a long time. THAT IS A FACT IN AMERIKKKA.
Apparently, the prosecutors wanted to skew the odds for conviction against balck defendants by not allowing black jurors to sit for dealth penaly cases. WHY? because they knew a white jury would only see the colour of the defendant's skin and that would be it: to the death chamber.
LOL. equal justice under law? What a crock!!!
Looks like another blow to racism. Death to racism!!!
If theres "racial injustice" against white people... you know the people who expanded the United States under the doctrine of "Manifest Destiny" using a Constitution that regarded a whole population of people (native peoples) as too primative to protest the land being stolen from their ancestors in court, and which considered another group of people as property and only 3/5ths a human so Southern states didn't get more tax revenue than the Northern ones, and barely allowed women to own property until well into the 1950s-60s...
Well if there's rampant "racial injustice" against these quintesentially American Americans then yall guys really need to look deep inside your hearts and figure out how you got such the short end of the same racial stick you've been using for years to beat everyone else down. Maybe your ancestors shouldn't have been such dicks to literally every other social group out there from blacks, native Americans, Latinos and Asians to all those groups of Europeans (Italians, Irish, Polish, Eastern Europeans, Jews, etc) you considered lower than "the true white people" for centuries until you stole enough technology from the Chinese and the Ottoman Empire to start imposing your concept of equality (by the "Christian" sword and missionary bible-thumper) on the rest of the world.
Afterall, you guys did MAKE the American ruleset. Its just sad to hear you guys complaining about how hard you have it in a country of your own making. Thats like Newt Gingrich bitching about Obama being "the most successful Food Stamp president" - a program he had supposedly reformed as House Speaker. I hear you crying, but somehow I'm hardly sympathetic on how you spin your condition now remembering you guys back then.
so, now...if there aren't enough blacks on a jury to nullify a verdict - that is a violation of a criminal's rights?
I guess the OJ trial didn't teach us anything, after all
I guess Univ. of Chicago Student conveniently forgot the riots in Oakland with the OWS knuckleheads....
The problem was that too many do-gooders started the reform BS and allowed the country to become tainted by liberal policies that have weakened the power of white rule. sic. It's the damn hippies and social activists that ruined this country with their caring towards the impoverished and respecting all people. Damn socialists. (Sarcasm folks).
Stealing other people's hard earned money is not "respecting all people"
Trudat,
It is interesting how you would attack someone else's maturity level when your ignorant statement is the equivalent of a child sticking their fingers in their ears and singing "la la la la la". If you are incapable of even considering an opposing opinion due to your blanket generalization of liberals then you do not have the position (or the brainpower) to consider yourself fully informed.
What are the limitations of this Racial Justice Act? If the justification for changing the sentence occurred during jury selection, then couldn't a defense attorney technically argue that the entire verdict was also based on racial bias? What is the point of commuting the sentence when the entire trial process was potentially tainted by the jury selection?? I see this potentially opening the door for a lot of unnecessary appeals. It doesn't take a genius to know that each side is going to try to select jurors that they feel will empathize with their case. They don't care what the motivation of the juror is as long as it benefits them, so of course race is going to be a factor!!! If anything these arguments should be used in the appeals process by convicts who claim they had inadequate representation!!!
Based on the article, this Act just reads as a pointless piece of legislation. If one portion of due process is affected by the people who choose the decision makers, then ALL of it is!
If that had been 2 white/hispanic/native/orientals-killing a black in especially such a brutal way, Ol Al and Jesse would have been calling for "justice". The most racist people that I have ever met in 61 years have been black. I was raised to be tolerant of others, but in the past decade I have had it up to here with all of this racist crap!
By the way I am half white and half native. So don't even go there!
@Iman49
"Do you jackasses commenting on hate crimes against white people live in the REAL WORLD? If a black male even looks near a white person, must less harm them, they are going to jail for a long time. THAT IS A FACT IN AMERIKKKA."
Haha. Iman49, do you live in the REAL WORLD?
I live in a multiracial city (almost evenly distributed, 20% each group) in Texas. I've lived in the south for almost my entire life. I've lived in cities where whites are the overwhelming majority, and cities where they were the minority. I'm also Mestizo, not white.
I understand your position, you're a largely uneducated deeply anti-American child whose hatred for the US makes it difficult to even see what's wrong with what you're saying. But do you at least know/understand what the word "fact" means, right? It has pretty strong meaning to it: An indisputable truth.
I'm not sure what the "REAL WORLD" happens to be in your case (probably a fictional world that you've manufactured from your views of "AMERIKKKA" and considered reality), but it is not even remotely common for ANYONE (regardless of race) to go to jail for merely staring at another person in the US.
I can't understand for the life of me why folks think Jesse and Al are racist. So you mean to tell me that a black standing up for rights is racist. This is what racist means to me, get ready, white man goes to another country, steals people, separates the men from women so women are weak, keep them from reading so they can't learn the language and use it to overthrow the ruler, the beat the man, break his feet if he tries to run and sells off the children with the mother there watching and crying...let's not even talk about lynching and mangling black men and boys.....then theres the post slavery jim crow era, fast forward to the 60s and the killing of MLK (that was just 40 years ago!!). Finally, someone who speaks up for a people because of a "history of injustice" agains said people are racist. These so called "black racists" just don't want history to ever never never ever repeat itself - and trust me it never will to that extent. But don't think for one second there aren't still some folks out there who lived through jim crow & the 60s who don't feel the exact same way as the slave master did! I wish all peoples would just get along but those with jim crow mentality won't let it go!
Fedup29, That without a doubt is the biggest lie ever told, and you know it. The jails are full of blacks and a lot of them are innocent. We all know blacks are guilty, until proven innocent and then we say, oh so, what the hell, just maybe some got away the last time. What other race are you referring, to, besides white?? Please, you best check out the Hispanic population, black do not mess with them. Other Nationals hold their own against any one, and all America knows this. I have not read any where that a black has gotten off, now I have whites; but that's because our jurors are mostly whites. I find it intersting that an all white jury can impartially judge a black man but an all black jury can not judge whites. Why not? If a crime is committed against a race, and it is proven, let the other race decide the fate. There has been far to many old court crimes coming up now about Civil Rights, that should have been dealt with years ago. The thing to do now is to play it fair, and let all races regardless of color get their just deserves. If things are done right and legal no race will have a leg to stand on, and no race can holler racism. Whites holler when their interest is not served, blacks holler when theirs isn't served, so HELL, do it right and we don't have to give a DAMN who hollers. Now let's get it right and stop all this $hit about color;, in the eyes of God, we are all equal, no color is any more important than the other. Why can I say this with sincereity??? Check for yourself, all people are formed the same, a face, body and organs. Skin color varies, hair, eyes, and built. We all walk up right, we all eat food to live, we all dead and must be buried, some of us no matter the color of skin are super smart, some damn fools, and other just get to hang around. God is great, and had one race been superior to another, it would never die and just ascend in to Heaven when ever it wished . I would really have liked that, but I have to take my lumps with everyone else, and so do the rest of you. Fedup29, please post where articles of blacks getting off time and time again can be found, I'm a law student and I can use that information on a term paper...
It seems the messaging system is down, so all I and do for "Also from Chicago" is say: it looks like you need to look up the definition of "decade". I was aware, and I was accurate, and the people who worry about rioting are still absurd and whining.
So its OK to murder WHITE 17 yr old boys?
Of course not, the sentence is life without parole in this case. But it's NOT ok to disproportionately sentence Black males to the death penalty or remove Blacks from jury selection because of systemic racism either.
You know, it's really getting to be fun watching the right wing racists on these posts squealing in fear as they watch their assumed privileges get taken away and replaced by actual justice. I hope I live anther 20 years just so I can witness Whites become the minority in the US. I'll probably celebrate the day singing a Dylan song..."How does it feel?...."
culheath,
I'll be singing with you........"to be on your own, like a rollin' stone!"
OJ got off in 1995 because the L.A. police and prosecutor's office did a damn sloppy job of investigating and presenting their case. Contaminated evidence, doubtful cause for conducting a warrantless search and seizure, and worst of all, Mark Furman, who was caught in an outright lie regarding his past comments on race.
I'm white. I certainly believe O.J. did it. But had I been on the jury, I'd have had to vote for acquittal too, because the Prosecutors just did not prove their case, and to paraphrase Johnny Cochran, "If the case is sh*t, you must acquit.".
Regarding this case, I do not like either the law or the underlying process of having the jury sentence the convicted criminal. For 200-plus years in this country, it has been the province of the Judge, by virtue of his [or her] legal experience and perspective, to issue a sentence in all cases. The jury was only charged with determining guilt or innocence.
When did this change, and why?
I'm against the death penalty, but only because I do not trust our legal system [or any other legal system] to use it in a fair and equitable manner. But there are certainly criminals who deserve death for their crimes, and this man is without a doubt one of them.
1. People don't have the balls to riot these days like back in the day.
2. If two white guys took a black kid out in a field and blasted him with a sawed off shotgun, not only would they be charged with murder, but with a hate crime as well. We don't see this happening when it's the other way around. Why is that?
3. Whites today have no control over what happened 200 years ago, 100 rears ago or even 50 years ago hence should not be held responsible for it PLUS those who were affected by those actions back then are either long dead or in a nursing home so that whole argument is invalid and it sickens me every time I hear it.
Racism will become a thing of the past... once everyone from every side stops being racist.
Comment # 1 restored for clarity.
Wow just Wow.....a jury of your peers? not!
If you ever been involved in a jury selection process, they must show "Voir dire" and whose opinion matters in the fitness of the potential jury. There is no law that states that the prosecution must have a racial or gender make up that agrees with the defendant. The defense has their own Voir dire they get to perform to choose who they would like on the jury. Each side are allowed only a few strikes when choosing a juror. Making the prosecution follow racial or gender regulation would end Voir dire when choosing a jury.
Sally,
Nowhere is a "jury of peers" in our laws. The Constitution does state an "impartial" jury.
A handy site: http://www.usconstitution.net/constnot.html
What is NOT in the Constitution.
Sally in Chicago, a jury of your peers means a cross section of all people, not just your "race."
I would say that the above group of people is pretty representative of his "peers" or any other American.
This ruling will be of great benefit to blacks because they commit far more violent crimes against whites than whites commit against blacks. That said, political correctness demands that we only hear about the miniscule number of crimes whites commit against blacks. Now, blacks can murder white people then claim prejudice to avoid the death penalty.
Right, and look what a bang up job 11 blacks and 1 white woman did in the OJ Simpson trail.
Right, and look what a bang up job 11 blacks and 1 white woman did in the OJ Simpson trial?
Exactly, Willy... the race card is now a card one can play to be spared from Death itself. The agenda to make being White in America a crime only continues to worsen. I'm sure these "Liberal Arts" PC hokies in college will be singing a different tune when they get out in the world, only to find that they've helped create a society where being Black makes you impervious to the death penalty, lessens your sentence when you commit a crime (even letting some walk free), AND make it so they can get any job they want, no matter their actual training.
I'm all for racial equality... but let's face it, no race wants actual equality. They want all the power themselves, and anyone who agrees a murderer shouldn't die for killing someone in cold blood just because he's black should look in the mirror and face the fact they embody that in every way.
Sarah..........just go out and get a job.You have way to much time on your hands and hopefully birth control is in use for all the men your dating. Pro-creation of bottom feeders is not healthy for the planet.
Sarah, get off your soap box. The main reason killing someone costs so much is because of id10ts like you. Bullets are cheap and a noose is reusable.
Levitcus, Exodus, Matthew, etc. all also talk of an eye for an eye, foot for at foot, burn for a burn.... What do you think that means????
Also, there's still no question as to this guy's guilt, correct? If so, how was there racism involved? He ended some kid's life. Also, more WHITE people have been put to death than blacks even though blacks commit more violent crimes....
This just means that more animals will be on the prowl. Others will take care of them and either they will be caged or meet their maker sooner or later.
I actually thought that same thing - the article makes it seem as if there were only white jurors but, come to find out, that's just not the case!
Besides, if a certain ethnic group is a MINORITY, doesn't it only stand to reason that there will be fewer individuals of that ethnicity, when you have a general mix of citizens?
And, of course, each side is allowed to strike a certain number of potential jurors... so, the defense had their say in the selection, as well.
I do want trials to be fair. But, that's just it, I want them to be fair... not favoring one side or the other. I guess we will all have to wait to see exactly how fair this turns out to be over the long run.
Sarah - When one of these animals kills one of your family members or grabs your child, will you still have the same opinion. The only thing to do with a rabid animal is put them under the ground, tax payers will have to support this POS for the next forty years. Maybe you'd like them to live in your home with your family so YOU can pay for them. Sarah, there is no question of this person's guilt. HE DID KILL THE TEENAGER!!!
This is for the uninformed and unenlightened, a little education for the bigoted. Enjoy! Taken from deathpenaltyinfo.org. I am sure that there are those who will claim the info is skewed, slanted or somehow wrong. THIS IS FOR YOU!!!!
The Death Penalty in Black and White: Who Lives, Who Dies, Who Decides
Posted: February 16, 2003
in
by Richard C. Dieter, Esq. Executive Director, Death Penalty Information Center June 1998 It is tempting to pretend that minorities on death row share a fate in no way connected to our own, that our treatment of them sounds no echoes beyond the chambers in which they die. Such an illusion is ultimately corrosive, for the reverberations of injustice are not so easily confined. -Justice William Brennan (1987)
Table of Contents
Executive Summary
The results of two new studies which underscore the continuing injustice of racism in the application of the death penalty are being released through this report. The first study documents the infectious presence of racism in the death penalty, and demonstrates that this problem has not slackened with time, nor is it restricted to a single region of the country. The other study identifies one of the potential causes for this continuing crisis: those who are making the critical death penalty decisions in this country are almost exclusively white.
From the days of slavery in which black people were considered property, through the years of lynchings and Jim Crow laws, capital punishment has always been deeply affected by race. Unfortunately, the days of racial bias in the death penalty are not a remnant of the past.
Two of the country's foremost researchers on race and capital punishment, law professor David Baldus and statistician George Woodworth, along with colleagues in Philadelphia, have conducted a careful analysis of race and the death penalty in Philadelphia which reveals that the odds of receiving a death sentence are nearly four times (3.9) higher if the defendant is black. These results were obtained after analyzing and controlling for case differences such as the severity of the crime and the background of the defendant. The data were subjected to various forms of analysis, but the conclusion was clear: blacks were being sentenced to death far in excess of other defendants for similar crimes.
A second study by Professor Jeffrey Pokorak and researchers at St. Mary's University Law School in Texas provides part of the explanation for why the application of the death penalty remains racially skewed. Their study found that the key decision makers in death cases around the country are almost exclusively white men. Of the chief District Attorneys in counties using the death penalty in the United States, nearly 98% are white and only 1% are African-American.
These new empirical studies underscore a persistent pattern of racial disparities which has appeared throughout the country over the past twenty years. Examinations of the relationship between race and the death penalty, with varying levels of thoroughness and sophistication, have now been conducted in every major death penalty state. In 96% of these reviews, there was a pattern of either race-of-victim or race-of-defendant discrimination, or both. The gravity of the close connection between race and the death penalty is shown when compared to studies in other fields. Race is more likely to affect death sentencing than smoking affects the likelihood of dying from heart disease. The latter evidence has produced enormous changes in law and societal practice, while racism in the death penalty has been largely ignored.
Despite overwhelming evidence of discrimination, the response of the courts has been to deny relief on the grounds that patterns of racial disparities are insufficient to prove racial bias in individual cases. With the single exception of Kentucky which recently passed a version of the Racial Justice Act, legislatures have turned their back on corrective measures. Despite the prior example of legislation in response to similar discrimination in such areas as employment and housing, legislatures on both the federal and state level have failed to pass civil rights laws regarding the death penalty for fear of stopping capital punishment entirely. And so, the sore festers even as executions accelerate and appeals are curtailed.
The human cost of this racial injustice is incalculable. The decisions about who lives and who dies are being made along racial lines by a nearly all white group of prosecutors. The death penalty presents a stark symbol of the effects of racial discrimination. In individual cases, this racism is reflected in ethnic slurs hurled at black defendants by the prosecution and even by the defense. It results in black jurors being systematically barred from service, and in the devoting of more resources to white victims of homicide at the expense of black victims. And it results in a death penalty in which blacks are frequently put to death for murdering whites, but whites are almost never executed for murdering blacks. Such a system of injustice is not merely unfair and unconstitutional--it tears at the very principles to which this country struggles to adhere.
1
It is tempting to pretend that minorities on death row share a fate in no way connected to our own, that our treatment of them sounds no echoes beyond the chambers in which they die. Such an illusion is ultimately corrosive, for the reverberations of injustice are not so easily confined. -Justice William Brennan (1987)2
The Sounds of Racism
Blatant racism is seen and heard too often in courtrooms around the country. In death penalty cases, the use of derogatory slurs kindles the flames of prejudice and allows the jury to judge harshly those they wish to scapegoat for the problem of crime. A few examples illustrate the intensity of this racism:
¥ "One of you two is gonna hang for this. Since you're the @!$%#, you're elected."3 These words were spoken by a Texas police officer to Clarence Brandley, who was charged with the murder of a white high school girl. Brandley was later exonerated in 1990 after ten years on death row.
¥ In preparing for the penalty phase of an African-American defendant's trial, a white judge in Florida said in open court: "Since the @!$%# mom and dad are here anyway, why don't we go ahead and do the penalty phase today instead of having to subpoena them back at cost to the state."4Anthony Peek was sentenced to death and the sentence was upheld by the Florida Supreme Court in 1986 reviewing his claim of racial bias.
¥ A prosecutor in Alabama gave as his reason for striking several potential jurors the fact that they were affiliated with Alabama State University -- a predominantly black institution. This pretext was considered race neutral by the reviewing court. 5
¥ During the 1997 election campaign for Philadelphia's District Attorney, it was revealed that one of the candidates had produced, as an Assistant D.A., a training video for new prosecutors in which he instructed them about whom to exclude from the jury, noting that "young black women are very bad" on the jury for a prosecutor, and that "blacks from low-income areas are less likely to convict."6 The training tape also instructed the new recruits on how to hide the racial motivation for their jury strikes.
¥ In Missouri, Judge Earl Blackwell issued a signed press release about his judicial election announcing his new affiliation with the Republican Party while presiding over a death penalty case against an unemployed African-American defendant. The press release stated, in part: "[T]he Democrat party places far too much emphasis on representing minorities . . . people who dont' (sic) want to work, and people with a skin that's any color but white . . . ."7 The judge denied a motion to recuse himself from the trial. The defendant, Brian Kinder, was convicted and sentenced to death, and Missouri's Supreme Court affirmed in 1996.8
These examples are symbolic of a more systemic racism, and they provide a sense of how damaging racial prejudice and insensitivity can be when someone is facing execution. Empirical studies which provide the national evidence of racism in capital punishment are critical to understanding that this problem goes far beyond individual examples of prejudice.
Study I: The Increased Risks for Blacks Facing the Death Penalty
When in Gregg v. Georgia the Supreme Court gave its seal of approval to capital punishment, this endorsement was premised on the promise that capital punishment would be administered with fairness and justice. Instead, the promise has become a cruel and empty mockery. If not remedied, the scandalous state of our present system of capital punishment will cast a pall of shame over our society for years to come. We cannot let it continue. -Justice Thurgood Marshall, 19909
The Philadelphia Story
More than half of the death sentences rendered in Pennsylvania are cases from Philadelphia, a city with only 14% of the state's population. Philadelphia's District Attorney, Lynne Abraham, has been called "The Deadliest D.A." in a 1995 New York Times article.10 Eighty-three percent of those on death row from Philadelphia are African-American. But raw numbers of racial disproportion do not tell the whole story. In order to determine for certain whether race is a decisive factor, researchers must examine the outcomes in cases of similar severity with defendants of similar criminal backgrounds.
This examination requires a statistical analysis which takes into account such factors as multiple victims, the deliberate infliction of pain, and the background of the accused. The ultimate question is: "Among similar cases, is race a factor in whether death sentences are imposed against black defendants?"
Such a study was recently conducted in Philadelphia. 11The results are dramatic, particularly for a state outside of the deep south, a region where racial disparities in the criminal justice system have a long history. The researchers examined a large sample of the murders which were eligible for the death penalty in the state between 1983 and 1993. The researchers found that, even after controlling for case differences, blacks in Philadelphia were substantially more likely to get the death penalty than other defendants who committed similar murders. Black defendants faced odds of receiving a death sentence that were 3.9 times higher than other similarly situated defendants.
The researchers used a variety of analytical tools to compare and validate their findings. They consistently found substantial race-of-defendant disparities. The results of this bias against black defendants in Philadelphia is estimated to be an excess of 38% in death sentences for black defendants compared to all other defendants for similar crimes.
The Raw Data
The first step in determining the presence of racial discrimination in the death penalty is to look at the raw data: from among the eligible homicides, how often are black defendants sentenced to death and how often are others sentenced to death?
The raw data of death sentences in Philadelphia between 1983 and 1993, provide the first piece of disturbing evidence that race discrimination may be operating. The rate at which eligible black defendants were sentenced to death was nearly 40% higher than the rate for other eligible defendants. A sentencing rate is simply a ratio of the number of death sentences for a particular group compared to the total number of cases of that group which would be eligible for a death sentence. In the chart below, a death sentencing rate of .18 for blacks means that for every 100 eligible black defendants, 18 will be sentenced to death. For other defendants, only 13 out of 100 will be similarly sentenced.
Racial disparities can result through prosecutorial selection of which cases "deserve" the death penalty, or from the action of juries in determining the final sentences, or from both. But before a disparity due to race can be established, a researcher must measure the race effects for crimes of similar severity committed by defendants with similar criminal histories.
Taking Into Account the Severity of Murders
In order to determine whether race influences death sentencing, the researchers turned to the same techniques used in medical research to determine whether cigarette smoking causes cancer, or frequent exercise and good diet reduces heart attacks. Murder cases become death eligible through the existence of certain aggravating factors which make one murder "worse" than another. In deciding whether the death penalty should be sought, the prosecutor is supposed to consider the presence of such factors as whether a murder was committed with grave risk to the life of others, whether the murder was committed in the course of another serious crime such as robbery or rape, whether torture was used in the commission of the murder, or whether the defendant had a significant violent history. The jury is similarly told to consider such factors when deciding whether the sentence should be life or death, once a guilty verdict is rendered.12
Through an analysis of murders in which the death penalty could have been sought, it is possible, through an analysis of the defendants that were and were not sentenced to death, to assign a predictive score, or coefficient, to various aggravating factors to measure how heavily each influences the likelihood of a death sentence. The researchers screened hundreds of factors, statutory and non-statutory, to develop models to explain how the system works. All statutory factors, and those non-statutory factors which significantly correlated with the outcome were included.
Comparing the coefficients permits an average assessment of how much reliance was placed on the factor by the decision-makers. For example, the fact that the murder was committed in the course of another felony has less impact than the fact that the defendant caused great harm, fear or pain. Statistically, in this study committing another felony had a relative predictive value of 0.8. On the other hand, if the murder was accompanied by torture, that factor was very significant and registered a predictive value of 1.9. A murder committed with grave risk of death to others had a relatively high predictive value of 1.5. A factor which had no apparent effect would have a value of 0. The study looked at a large class of such variables. 12
The race of the defendant is not supposed to influence whether a person is sentenced to death, but in Philadelphia it clearly does. (See Chart above.) Murders by blacks are treated as more severe and "deserving" of the death penalty because of the defendant's race. Being a black defendant merits a score of 1.4 in predicting whether a death sentence will ultimately result. This extra burden for black defendants is comparable to such legitimate aggravating factors as torture or "causing great harm, fear or pain," which earned scores of 1.9 and 1.0 respectively, in predicting the sentence. Stated differently, in Philadelphia, the capital sentencing statute has operated as though being black was not merely a physical attribute, but as if it were one of the most important aggravating factors actually justifying the death penalty.
The race of the defendant is a much stronger predictor that a case will result in a death sentence than the fact that the crime was committed along with another felony (0.8) or that the defendant killed with multiple stab wounds (0.9). Either when the prosecutor decides to seek the death penalty in a particular case, or when the jury decides that death is the appropriate sentence, on average, black defendants are considered "worse," regardless of the other factors in their case.
Mid-Range Cases Versus Extreme Cases
Race does not affect all cases equally. Notorious serial killers like Ted Bundy or John Wayne Gacy, both white, are nearly certain to receive the death penalty regardless of their race. In the most highly aggravated cases, the fact that the defendant is black is less of a factor pushing a case toward a death sentence. The same can be said for cases of very low severity: race is less likely to be a factor in cases where there is little inflammatory evidence.
But in the "mid-range" of severity (or aggravation), race plays a very significant role. When cases were ranked from 1 to 8 in increasing severity, cases in categories 1 (least severe) and 8 (most severe) showed little or no discrimination against black defendants. But in the middle categories 3 through 7, the disproportionate treatment of black defendants, as compared to all other defendants, was quite pronounced. For example, in cases of level 5 severity, 25% of the black defendants received the death penalty, but only 5% of the other defendants received death, and the difference between these sentencing rates is 20 percentage points. At level 6 severity, the difference was 15 percentage points, and at level 4 severity, the difference in death sentencing rates was 11 percentage points higher for black defendants. These results are summarized in the graph below.
In other areas of society, such as employment or housing, racial disparities similar to those shown in this death penalty study have raised deep concerns and have prompted civil rights legislation to protect the rights of minorities.13 But with the death penalty, this clear evidence of racial bias has gone uncorrected.
(The data from which this chart was derived are found in the Appendix.)
Black Defendants and the Race of the Victims
Another measure of race's impact on the death penalty is the combined effect of the race of the defendant and the race of the victim. In the Philadelphia study, the racial combination which was most likely to result in a death sentence was a black defendant with a nonblack victim, regardless of how severe the murder committed. Black-on-black crimes were less likely to receive a death sentence, followed by crimes by other defendants, regardless of the race of their victims.
As noted above, in cases deemed to be least severe and those found to be most severe, the connection between race and the likelihood of a death sentence tends to lessen. For example, few defendants of any race are likely to get the death penalty in a case involving defendants with no prior record and where the killing may have been accidental. But for the bulk of crimes which are in the mid-level of severity, blacks who kill nonblacks are more likely to receive the death penalty than blacks who kill blacks, and they have a death sentencing rate much larger than the rate for defendants of other races who commit similarly severe murders of black victims.
It is important to note that these mid-range cases are precisely the ones in which prosecutors and jurors have the most discretion on seeking and imposing the death penalty. And when discretion is more prevalent, race may more easily become the deciding factor in who lives and who dies.
These results are summarized in the graph below. Reading the graph from left to right, black defendants, regardless of their victims' race, are consistently more likely to receive a death sentence than other defendants, and this holds true to varying degrees throughout the increasing levels of crime severity. Similarly, black victim cases are less likely to receive the death penalty, regardless of the race of the defendant.
Fig. 5:
Philadelphia Study: Conclusions
After controlling for levels of crime severity and the defendant's criminal background, the average death sentencing rates in Philadelphia were .18 for black defendants and .13 for other defendants, which amounts to a 38% higher rate for blacks (coincidentally, these rates were approximately the same as the unadjusted rates on p.8). The disparities for various racial combinations of defendant and victim were even wider and are shown in the table below.
Whichever measures the researchers employed, the statistics pointed to the same conclusion: black defendants on average face a distinctly higher risk of receiving a death sentence than all other similarly situated defendants. The various independent tests were so thoroughly consistent that they pointed to race discrimination as the underlying cause. The researchers stated: "In the face of these results, we consider it implausible that the estimated disparities are a product of chance or reflect a failure to control for important omitted case characteristics. . . . In short, we believe it would be extremely unlikely to observe disparities of this magnitude and consistency if there were substantial equality in the treatment of defendants in this system."14
For those on death row from Philadelphia, these numbers translate into a harsh and deadly reality: if the death penalty were applied to blacks as it is to others, there would be far fewer blacks facing execution
Black Defendant
.18
Non-black Defendant
.13
National Patterns of Race Discrimination
When people of color are killed in the inner city, when homeless people are killed, when the "nobodies" are killed, district attorneys do not seek to avenge their deaths. Black, Hispanic, or poor families who have a loved one murdered not only don't expect the district attorney's office to pursue the death penalty--which, of course, is both costly and time consuming--but are surprised when the case is prosecuted at all. -Sister Helen Prejean, CSJ15
If the racial disparities documented in the study of capital cases in Philadelphia were unique, they might be dismissed as simply a local problem requiring a local solution. But such racial patterns have appeared in study after study all over the country and over an extensive period of time.
Sister Helen Prejean, CSJ In the late 1980s, Congress asked the General Accounting Office (GAO) to review the empirical studies on race and the death penalty which had been conducted up to that time. The agency reviewed 28 studies regarding both race of defendant and race of victim discrimination. Their review included studies utilizing various methodologies and degrees of statistical sophistication and examined such diverse states as California, Florida, Georgia, Illinois, Kentucky, Louisiana, Mississippi, New Jersey, and Texas. Their conclusion in 1990, based on the vast amount of data collected, was unequivocal:
In 82% of the studies, race of victim was found to influence the likelihood of being charged with capital murder or receiving a death sentence, i.e., those who murdered whites were found to be more likely to be sentenced to death than those who murdered blacks. This finding was remarkably consistent across data sets, states, data collection methods, and analytic techniques. The finding held for high, medium, and low quality studies.16
One of the most sophisticated of the studies reviewed by the GAO was the study of race and the death penalty in Georgia. This study looked at 2400 cases processed in Georgia over a seven year period. It showed that, even when controlling for the many variables which might make one case worse than another, defendants whose victims were white, faced, on average, odds of receiving a death sentence that were 4.3 times higher than similarly situated defendants whose victims were black.17 The study controlled for hundreds of variables such as the level of violence in the crime and the prior criminal record of the defendant.
The significance of this racial disparity is highlighted by comparing it to a smoker's increased odds of dying from coronary artery disease. A pivotal study found their odds of dying were approximately 1.7 times higher than for non-smokers of similar ages,18 a factor smaller than that linking race and the death penalty. Such statistical evidence about the dangers of smoking led the Surgeon General to conclude that "cigarette smoking is a cause of coronary heart disease,"19 which, in turn, helped trigger legislation and significant reform. Yet the correlation between race and the death penalty is much stronger and has been met with virtual silence.
The study of racial disparities in Georgia was the basis for the most important case brought before the U.S. Supreme Court on the issue of race and the death penalty, McCleskey v. Kemp (1987).20 The research was conducted by David Baldus, Professor of Law at the University of Iowa College of Law, and George Woodworth, Professor of Statistics also at the University of Iowa, both of whom participated in the Philadelphia study discussed above. For their work in what has become known as "the Baldus study," these researchers were awarded the Harry Kalven Prize for distinguished scholarship by the Law and Society Association.
In a recent report prepared for the American Bar Association, Professors Baldus and Woodworth have expanded on the GAO's review of studies on race discrimination in capital cases.21 They found that there are some relevant data in three-quarters of the states with prisoners on death row. In 93% of those states, there is evidence of race-of-victim disparities, i.e., the white race of the person murdered correlated with whether a death sentence will be given in a particular case. In nearly half of those states, the race of the defendant also served as a predictor of who received a death sentence. The disparities in nine states (CA, CO, GA, KY, MS, NJ, NC, PA and SC) are particularly notable because of their reliance on well-controlled studies.
These disparities reveal a disturbing and consistent trend indicating race-of-victim discrimination. For example, in Florida, a defendant's odds of receiving a death sentence are 4.8 times higher if the victim was white than if the victim is black in similarly aggravated cases. In Illinois, the multiplier is 4, in Oklahoma it is 4.3, in North Carolina 4.4, and in Mississippi it is 5.5.22 The table below shows how frequently race-of-victim discrimination has been detected, as well as the states where race-of-defendant disparities have been shown. Fig. 7: Statistical Data in Death Penalty States Showing a Risk of Racial Discrimination23 Notes:
-*State for which no death penalty race data are available . -**State in which no death sentences imposed as of January 1, 1998.
-Only studies whose results were statistically significant, or where the ratio between death sentencing (or prosecutorial charging) rates (e.g., between white victim and black victim cases) was 1.5 or larger and with a sample size of at least 10 cases in each group, were included. The disparities in nine states (CA, CO, GA, KY, MS, NJ, NC, PA and SC) are based on well-controlled studies. The results in the other states are from less well-controlled studies and are only suggestive.
-All of the race of victim disparities except one (Delaware) were in the direction of more death sentences in white victim cases.
-All of the race of defendant disparities except two (Florida and Tennessee) were in the direction of more death sentences for black defendants.
A particularly egregious example of race of victim discrimination was revealed in a recent review of the cases from Kentucky's death row. Researchers at the University of Louisville had found in 1995 that, as in other states, blacks who killed whites were more likely to receive the death penalty than any other offender-victim combination.24 In fact, looking at the makeup of Kentucky's death row in 1996 revealed that 100% of the inmates were there for murdering a white victim, and none were there for the murder of a black victim, despite the fact that there have been over 1,000 African-Americans murdered in Kentucky since the death penalty was reinstated.25 This gross disparity among capital cases sends a message that the taking of a white life is more serious than the taking of a black life, and that Kentucky's courts hand out death sentences on that basis.
This biased use of the death penalty for the murder of those in the white community, but not those in the black community, led to the introduction of legislation allowing consideration of such patterns of racial disparities. The bill, referred to as the "Racial Justice Act," failed in the Kentucky legislature in 1996,26 but was passed in 1998. It will permit race-based challenges to prosecutorial decisions to seek a death sentence.
No Relief in the Courts
Despite these pervasive patterns implying racial discrimination, courts have been closed to challenges raising this issue. In McCleskey v. Kemp, the U.S. Supreme Court held that the defendant had to show that he was personally discriminated against in the course of the prosecution. "Merely" showing a disturbing pattern of racial disparities in Georgia over a long period of time was not sufficient to prove bias in his case.27
The federal courts have taken their cue from McCleskey and have not granted relief based on a racial application of the death penalty in any case.28 When such claims of racial bias are raised in civil rights suits alleging employment or housing discrimination, civil rights legislation instructs the courts to employ a more commonsensical burden of proof and provides a chance for relief.29 In criminal cases, however, the courts require the defense to "get inside" the mind of the prosecutor or jury and show purposeful race discrimination directed at the defendant, an almost impossible task.
Study II: The Race of the Decision-Makers
The death penalty is essentially an arbitrary punishment. There are no objective rules or guidelines for when a prosecutor should seek the death penalty, when a jury should recommend it, and when a judge should give it. This lack of objective, measurable standards ensures that the application of the death penalty will be discriminatory against racial, gender, and ethnic groups. -Rev. Jesse Jackson (1996)30
As the analysis above indicates, racially biased decisions can readily enter the criminal justice system through the discretion given to prosecutors to selectively seek the death penalty in some cases but not others. The GAO review of race discrimination noted that "race of victim influence was found at all stages of the criminal justice process" and that "[t]he evidence for the race of victim influence was stronger for the earlier stages of the judicial process (e.g., prosecutorial decision to charge the defendant with a capital offense, decision to proceed to trial rather than plea bargain) than in later stages."31
The death penalty could be sought in far more cases than it actually is, and prosecutors use a variety of factors to determine which cases are deserving of the state's worst punishment. That discretion more likely results in capital prosecutions when the victim in the underlying murder is white, and in some states, when the defendant is black. Except for extreme cases, as when a black police officer is killed, the murder of people of color is not treated as seriously as the murder of white people.
One of the likely reasons for this discrepancy is that almost all the prosecutors making the key decision about whether death will be sought are white. According to a new study soon to be published in the Cornell Law Review, only 1 percent of the District Attorneys in death penalty states are black. This staggering imbalance in the racial makeup of the life and death decision-makers may partially explain the persistent racial imbalance in the use of the death penalty.
Professor Jeffrey Pokorak of St. Mary's University School of Law collected data regarding the race and gender of the government officials empowered to prosecute criminal offenses, and in particular, capital offenses from all 38 states that use the death penalty. The study was concluded in February, 1998.
It revealed that only 1% of the District Attorneys in death penalty states in this country are black and only 1% are Hispanic. The remaining 97.5% are white, and almost all of them are male. The chart below summarizes the racial findings of Professor Pokorak's study:
Notes:
*The title for this official differs from state to state. The chief prosecuting official with discretionary power to determine charging levels is referred to as the "District Attorney." ** Montana and Oklahoma have one Native American District Attorney each. --Although the federal government was not included in this study, the Attorney General is ultimately responsible for approving federal capital prosecutions. The present Attorney General, Janet Reno, like all her predecessors, is white.
The implications of this study go far beyond the shocking numbers and racial isolation of those in this key law enforcement position. When a prosecutor is faced with a crime in his community, he often consults with the family of the victim as to whether the death penalty should be sought. If the victim's family is prominent, white, and likely to support him in his next election, there may be a greater willingness to expend the extensive financial resources and time which a death penalty prosecution will take. Justice Harry A. Blackmun
The way that racial bias can play out in practice is illustrated by one of the key death penalty jurisdictions in the country: Georgia's Chattahoochee Judicial District, which has sent more people to death row than any other district in the state. In a recent law review article, Stephen Bright, of the Southern Center for Human Rights in Atlanta, described the prosecutor's practice there:
[A]n investigation of all murder cases prosecuted . . . from 1973 to 1990 revealed that in cases involving the murder of a white person, prosecutors often met with the victim's family and discussed whether to seek the death penalty. In a case involving the murder of the daughter of a prominent white contractor, the prosecutor contacted the contractor and asked him if he wanted to seek the death penalty. When the contractor replied in the affirmative, the prosecutor said that was all he needed to know. He obtained the death penalty at trial. He was rewarded with a contribution of $5,000 from the contractor when he successfully ran for judge in the next election. The contribution was the largest received by the District Attorney. There were other cases in which the District Attorney issued press releases announcing that he was seeking the death penalty after meeting with the family of a white victim. But prosecutors failed to meet with African-Americans whose family members had been murdered to determine what sentence they wanted. Most were not even notified that the case had been resolved. As a result of these practices, although African-Americans were the victims of 65% of the homicides in the Chattahoochee Judicial District, 85% of the capital cases were white victim cases.33
Racial Bias Permeates the System
Even under the most sophisticated death penalty statutes, race continues to play a major role in determining who shall live and who shall die. -Justice Harry Blackmun, 1994 34
Prosecutors not only decide who should be charged with a particular level of offense, they also have a significant impact on the way the trial is conducted. When a prosecutor refers to an Hispanic defendant as "a chili-eating bastard,"35 as happened in a Colorado death penalty case, it sets a tone of acceptance of racial prejudice for the entire trial. Similarly, the selection of juries is an essential part of this process, and some prosecutors have made a practice of eliminating blacks from their prospective juries, thereby increasing the likelihood of a race-based decision.
Jack McMahon, for example, was an Assistant District Attorney for many years in Philadelphia. During his recent campaign for the District Attorney's position, it was revealed that he carefully instructed new prosecutors in his office on the importance of keeping many blacks off high level criminal cases. His training video for prosecutors stated that "young black women are very bad" on the jury for a prosecutor, and that "blacks from low-income areas are less likely to convict."36
If a new prosecutor did not follow his directives, he or she faced dismissal: "And if you go in there and any one of you think you're going to be some noble civil libertarian and try to get jurors [who say they'll be fair], that's ridiculous. You'll lose and you'll be out of the office; . . . ."37
His tape urged his fellow prosecutors to pick juries that they knew would be unfair: "[T]he only way you're going to do your best is to get jurors that are as unfair and more likely to convict than anybody else in that room."38
Mr. McMahon, himself, prosecuted 36 murder cases and some of those defendants are presently on death row in Pennsylvania. In selecting juries, McMahon practiced what he preached. In a review of 16 first-degree murder cases prosecuted by McMahon, black jurors were struck four times as often as other jurors, and black women jurors were struck six times as often as non-African-American males.39
But McMahon was certainly not alone in this practice of racial discrimination in jury selection. Statistics from the race study in Philadelphia discussed above showed that from 1983 to 1993 prosecutors struck 52% of all black potential jurors, but only 23% of other potential jurors.
These same practices are common in other jurisdictions. According to a recent federal court decision in Alabama reviewing a death penalty case, the Tuscaloosa District Attorney's Office had a "standard operating procedure . . . to use the peremptory challenges to strike as many blacks as possible from the venires in cases involving serious crimes." 40
In the Chattahoochee Judicial District of Georgia, described above, prosecutors used 83% of their peremptory jury strikes against African-Americans. Six black defendants were tried by all-white juries.41
In the Ocmulgee Judicial District of Georgia, District Attorney Joseph Briley tried 33 capital cases between 1974 and 1994. Twenty-four were against black defendants. In cases in which the defendant was black and the victim was white, Briley used 96 out of his 103 jury challenges against African-Americans.42
In Chambers County, Alabama, the prosecutor kept lists dividing prospective jurors into four categories: "strong," "medium," "weak," and "black." Such a process led to striking 26 African-American jurors, resulting in three all-white juries in the death penalty prosecution of Albert Jefferson, a black defendant whose victim was white. An Alabama court found that no racial discrimination had occurred.43
The U.S. Supreme Court in Batson v. Kentucky ruled that it is unconstitutional to strike jurors solely on the basis of race. Prosecutors, however, sometimes circumvent this ruling by providing race-neutral reasons as a pretext for eliminating unwanted black jurors. In Philadelphia, Assistant D.A. Jack McMahon prepared his new prosecutors for just such manipulation in his training tape mentioned above:
In the future, we're going to have to be aware of [Batson], and the best way to avoid any problems with it is to protect yourself. And my advice would be in that situation is when you do have a black jury, you question them at length. An on this little sheet that you have, mark something down that you can articulate later if something happens . . . .
So if--let's say you strike three blacks to start with, the first three people. And then it's like the defense attorney makes an objection saying that you're striking blacks. Well, you're not going to be able to go back and say, oh-- and make up something about why you did it. Write it down right then and there. . . . And question them [the black jurors], say, "Well, he had a --had a" -- "Well the woman had a kid about the same age as the defendant and I thought she'd be sympathetic to him" or "She's unemployed and I just don't like unemployed people" . . . .
So sometimes under that line you may want to ask more questions of those people so it gives you more ammunition to make an articulable reason as to why you are striking them, not for race.45
In another jurisdiction, prosecutors followed McMahon's strategy precisely. Their spurious reasons for excluding black jurors were exposed by the Florida Supreme Court in reviewing the death penalty conviction of Robert Roundtree. At trial, the judge simply accepted the state's explanations at face value as the prosecutor eliminated ten black jurors from the jury pool. The first two black jurors were dismissed because they were "inappropriately dressed" and one had on "pointy New York shoes." At the same time, a similarly dressed white juror was accepted. Another black juror was rejected because she was thirty years old and unemployed, but a white unemployed female was accepted. Three blacks were excused, in part, because they were single, but five white single jurors were accepted. And the reason given for striking another black woman was that the state preferred a predominantly male jury, although the state had accepted 13 white females, 6 of whom sat on the final jury. The reviewing court found that "the proffered reasons were a pretext for racial discrimination" and reversed the conviction.46
Prosecutors are not alone in acting out of racial prejudice. Judges, defense attorneys and jurors can also display harmful racial bias. It is the defendant, however, who suffers the consequences. In the death penalty trial of Ramon Mata in Texas, the prosecutor and the defense attorney agreed to excuse all prospective minority race jurors, thereby ensuring an all white jury. The U.S. Court of Appeals for the Fifth Circuit found this to be harmless error.47
In the Georgia trial of Wilburn Dobbs, a black man charged with the murder of a white man, both the judge and his attorney referred to Dobbs as a "colored boy." The defense attorney expressed his opinion that "blacks are uneducated and would not make good teachers, but do make good basketball players," and referred to the black community in Chattanooga as "black boy jungle."48 Dobbs was sentenced to death, and his conviction has been upheld by the Georgia courts.
In Utah, African-American William Andrews was executed despite the presence of a note found by a juror depicting a stick figure on a gallows with the inscription: "Hang the @!$%#'s (sic)." Even after seeing this evidence of racial prejudice within the all-white jury, the trial judge never sought to determine who wrote the note or how many jurors saw it.49
William Henry Hance, a mentally impaired black man was sentenced to death in Georgia despite the fact that one of the jurors said she did not vote for death. The only black person on the jury stated that she had voted for a life sentence because of Hance's mental condition, but her vote was ignored. In the courtroom, she was intimidated against speaking out, but she later revealed her vote and the strong racial overtones in the jury room. Another juror signed an affidavit confirming the black juror's story, but Mr. Hance was executed anyhow in 1994.50
Public Reaction
By reserving the penalty of death for black defendants, or for the poor, or for those convicted of killing white persons, we perpetrate the ugly legacy of slavery-- teaching our children that some lives are inherently less precious than others. -Rev. Joseph E. Lowery, former President, Southern Christian Leadership Conference, 1989 51
After the Civil War and the emancipation of the slaves, lynchings of black people were common in the U. S. From the late 1800s, at least 4,743 people were killed by lynch mobs, with 90% of the lynchings occurring in the South, and most of the victims being black people.52 Lynchings were praised as necessary and just, and even some governors deferred to the public demand for vengeance. Georgia populist Tom Watson observed that "Lynch law is a good sign; it shows that a sense of justice yet lives among the people."53
Revulsion at the spectacle and gross injustices of the lynching era eventually led to the formation of the National Association for the Advancement of Colored People and then to the demise of lynching.54 But the disparities evident in today's death penalty indicate that prejudice and racism remain a potent force infecting our system of justice.
These racial disparities in capital punishment have drawn increasingly critical reaction from legal and civil rights groups both nationally and internationally. After the Supreme Court narrowly rejected a challenge to the racially biased application of the death penalty in Georgia,55 civil rights groups and many newspaper editorials called for the passage of the Racial Justice Act to remedy this injustice on a national level. Although this proposed legislation was passed by the U.S. House of Representatives in 1994 and 1990, it was ultimately defeated on the theory that such a racial inquiry would "abolish" the death penalty. Only Kentucky has passed similar legislation on the state level.
As a result of this and other inequities in the administration of capital punishment, the ABA, which had earlier recommended the passage of the Racial Justice Act,56 has called for a complete moratorium on executions until such problems can be adequately addressed. Other bar associations such as the Pennsylvania Bar, the Ohio Bar, the Chicago Council of Lawyers, the Massachusetts Bar and the Philadelphia Bar have either endorsed the ABA's resolution or passed similar resolutions. Over 100 other organizations have also endorsed motions to stop executions, at least until a greater sense of justice can be restored to the process.57
Evidence of racial discrimination in the U.S. death penalty system has attracted worldwide attention. In 1996, the International Commission of Jurists, whose members include respected judges from around the world, visited the United States and researched the use of the death penalty. Their report was sharply critical of the way the death penalty is being applied, particularly in regards to race: "The Mission is of the opinion that . . . the administration of capital punishment in the United States continues to be discriminatory and unjust -- and hence 'arbitrary' --, and thus not in consonance with Articles 6 and 14 of the Political Covenant and Article 2(c) of the Race Convention."58
In a March, 1998 decision,59 the Inter-American Commission on Human Rights concluded that the U.S. had violated international law and should compensate the relatives of William Andrews, who was executed in Utah in 1992, because of racial bias in his case (discussed above).
And most recently, the U.N. Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions filed a report with the U.N. Commission on Human Rights after his visit to the U.S. stating that "race, ethnic origin and economic status appear to be key determinants of who will, and will not, receive a sentence of death."60
In Philadelphia, the Secretary General of Amnesty International criticized Pennsylvania's death penalty as "one of the most racist and unfair in the U.S."61 Hours after his speech, the Philadelphia Bar voted in favor of a resolution calling for a moratorium on the death penalty in that state. The Governor's office responded by pointing out that the only two persons executed in Pennsylvania in recent times were both white. However, these men were the exception, having been executed before others only because they waived their appeals. The overwhelming majority of those on the state's death row are black, and 84% of those on death row from Philadelphia are black.62
Religious opposition to the death penalty has also cited the racial unfairness in its application. Recently, all the Catholic Bishops in Texas signed a statement calling for an end to the death penalty, noting: "The imposition of the death penalty has resulted in racial bias. In fact, the race of the victim has proven to be the determining factor in deciding whether to prosecute capital cases."63 Similar concerns have been voiced by the National Conference of Catholic Bishops and the leaders of other denominations.
The public in this country is very aware of the role race plays in the death penalty. A recent poll by Newsweek Magazine revealed that about half of all Americans believe that a black person is more likely to receive the death penalty than a white person for the same crime.65 When such public reaction will result in a challenge to this injustice is not clear. Until then, it remains a serious source of division among the races and an embarrassment to the U.S.'s pursuit of international human rights.
Conclusion
Those whom we would banish from society or from the human community itself often speak in too faint a voice to be heard above society's demand for punishment. It is the particular role of courts to hear these voices, for the Constitution declares that the majoritarian chorus may not alone dictate the conditions of social life. -Justice William Brennan, 198766
The influence of race on the death penalty is pervasive and corrosive. In other areas of the law, protections have been built in to limit the effects of systemic racism when the evidence of its impact is clear. With the death penalty, however, such corrective measures have been blocked by those who claim that capital punishment would bog down if racial fairness was required. And so, the sore festers.
The new studies revealed through this report add to an overwhelming body of evidence that race plays a decisive role in the question of who lives and dies by execution in this country. Race influences which cases are chosen for capital prosecution and which prosecutors are allowed to make those decisions. Likewise, race affects the makeup of the juries which determine the sentence. Racial effects have been shown not just in isolated instances, but in virtually every state for which disparities have been estimated and over an extensive period of time.
Those who die because of this racism are not the kind of people who usually evoke the public's sympathy. Many have committed horrendous crimes. But crimes no less horrendous are committed by white offenders or against black victims, and yet the killers in those cases are generally spared death. The death penalty today is a system which vents society's anger over the problem of crime on a select few. The existing data clearly suggest that many of the death sentences are a product of racial discrimination. There is no way to maintain our avowed adherence to equal justice under the law, while ignoring such racial injustice in the state's taking of life.
That was ridiculously long. Why do the "politically correct" or libs always call everyone that doesn't have the same opinion as them ignorant, uneducated, bigoted?
I expected someone would state that the post was long, however, given the subject matter, it is hardly ridiculous. If you read the post, you have your answer to your own question. This was an in-depth study regarding the injustice black people face within the overwhelmingly lily-white "just us" system. This is not the comic books you probably enjoy more.
Sandi... It's called a link. See that little "chain" link on the button bar? It works wonders, especially to lengthy articles that don't copy paste very well, like what you posted. It also allows those who desire to read it to do so and those without patience to just keep on going.
How many white jurors were struck by the defense?
What percentage of the juror pool is white/ black?
This study is racially biased.
Nice to see a judge doing the right thing; I'm sure most people wouldn't. Let's see some more of this.
Honestly, if you had a valid point no one would know. These threads are good for providing information, however, if it reads like a law journal, it loses its interest. Whatever information you were trying to share, this was not the way to do it. A link would have been much better. OR a summary.
Sally in Chicago, you have a problem! Mainly, be so kind and research before you write stuff here that stinks.
Sorry facebook friends for about what I'm gonna say but it sucks. The judges decision is bull@!$%# and he should have to pay for the rest of his stay in prison. So many people like this that have been convicted by a jury of they're peers seem to get off or get their execution overturned. Now we the taxpayers and especially the people of North Carolina have to pay for his sorry existance and serves no purpose to society. The laws of this country aren't to protect us but sorry ass people like this.
Anyone who commits crimes ought to pay for their crimes with penalties that are fair and which reflect the serverity of their crimes.
Thank you for the information provided, but it can hardly be surprising for anyone who has lived in this country for more than a month. America is a deeply corrupt and corrupting society from its very beginnings and the passage of time has demonstarbly not improved the practice of the simply concept of fairness. And there is nothing in America's history that suggest anything will change, for the better, in the dispensing of justice.
The Zimmerman case has already shown that race is a powerful determiner as to what happens when the victim of crime is black and the perpetrator is white. I know of no country, including Somalia, that a murder is committed and the murderer admitted to his crime and the police decided, on the spot, that the confessed mureder is not guilty of what he has confessed to. And even more, that a major segment of the American society, immediately, agrees with the police that no crime was committed.
For a country that speaks so much about fairness and its adherence to christian principles, America is a nightmare, especially for teenage, black boys and for their parents.
Darren Laniervia Facebook
Darren did you ever stop and think that if they "get off" they are NOT GUILTY? That just might be why their executions get overturned.
The laws are supposed to protect EVERYONE even those accused or found guilty of crime.
AllanL
With you up to that point. The zimmerman thread is elsewhere. Here you are bemoaning how you feel the law is unfair and yet you are whining because another case isn't going YOUR way.
Naturally, the one salient point that the article ignores is that, in North Carolina, the law requires a UNANIMOUS verdict.
So, the two African-American jurors voted FOR conviction AND for the death penalty.
Trial records, including jury selection, are public record. I have to wonder why the author of the article didn't include the REASONS why certain potential jurors were not selected.
Just using a statistic to overturn a jury verdict without any context is a miscarriage of justice. This law should be, at the very least, rewritten to require PROOF of bias rather than just an accusation of bias.
Oh, and BTW, the article also neglected to mention that the judge that issued this ruling is also African-American.
A couple of points:
1) Voir dire is the process of determining whether juties or expert witnesses have the ability to be objectively accurate and subjectively honest. The idea of racial bias is only one aspect. It could be literacy in a copyright case.
2) Law does not have to be in the Constitution or even written down in order to be a law and to be Constitutional. In fact, much of our body of law goes back to the Magna Carta and English Common Law. ECL is not written down in a single place, but the Magna Carta is the foundation of our law and ECL is the specifics that put it into practice.
3) The claim that somehow ECL or the court system seeks to make Blacks impervious to the death penalty is just a form of racism in itself. Blacks are treated about 8 times as harshly as whites by out "justice" system. But that jumps to 15 times as harshly in capital cases and a huge 105 times in death penalty cases.
4) But the most stunning statistic is that somewhere between 15 and 30% of all Blacks on death row are innocent of the crime for which they are to be executed. The rate for whites is less than 5%.
5) Some states, like Texas and Alasks dealt with the high rate of innocent men being executed by making laws that forbid any new or exculpatory evidence to be admitted during appeals. So scores of people have been executed in just those two states alone when there was the possibility that DNA evidence, which was not admissable when they were convicted, would have proved their innocence. Other states, like North Carolina enacted laws that force the death penalty to be abandoned when obvious racial factors are involved. Still other states abolished the death penalty.
I am in favor of the death penalty. I believe that society has the collective right to ask for an eye for an eye. But I do not favor the execution of children and the mentally incompetent. The problem is that I also do not favor the execution of the innocent or the execution of people because of the color of their skin. Given the high number of innocent people being freed, especially from death rows, I favor suspending the death penalty completely until such time as it can be guaranteed, with a reasonable certainty, that no innocent person is executed and that no person is executed because of their race, religion, etc.
And death row is just the tip of the ice berg. The United States has far more people imprisoned than the rest of the world with the harshest penalties of any country. In the death penalty, the US places #2 behind China (but China's overall rate of imprisonment is lower and its sentences usually less harh.) The US imprisons more people that Stalin of Mao ever dreamed of. And the penalties are disproportionately racist in character. If you simply held Blacks to the same standards as whites, about half our inmate population would be freed. A good example is "crack" cocaine penalties. There is no difference between regular powdered cocaine and unpowdered crack cocaine except the powder was favored by whites and chunks favored by Blacks. But that was sufficient difference to make crack cocain penalties 6 times as harsh as for the same amount of powder cocaine. That's how racism fills our prison system.
And last year, the tipping point was reached. Over half the inmates are now in for-profit prisons.
Good. Let's hope they do. And while they're at it, they can get this stupid political-correctness law repealed as well.
Only two comments,1. there is no denying he is guilty of killing someone, just what sentence because of jury make-up, he should be hanged in public within 48 hrs with those in juvenile detention forced to watch to see what they are headed for. This would eliminate the high cost of execution I will donate the brand new rpe, also eliminates the cost of houseing someone that has proven they cannot live or be trusted in society.
2. For those who say it is not a deterent, it deters him from ever murdering someone again if nothing else! look at how worried people get when a convicted murderer escapes from jail. There are cases of them murdering again when released or escaping so it would deter another murder from hapening by executing them.
@trust_verify,
Are you white? the reason I ask is because in my 50+ years on the planet, it seems to me that white people LOVE to tell other people what to do and how to do it. I just bet that you were feeling all sanctimonious, smug and self-satisfied with your post, 2.18. Here's a clue, I can post WHAT I want, in any WAY I want as long as it is appropriate and in accordance with the rules. I am VERY well aware of how to include a link to an article. OBVIOUSLY, I did not want to do that. My choice, my right. Go stick your nose somewhere where it belongs, which BTW, is NOT in my business. Trust and verify THAT! Bet you are not feeling so smug at this very moment, are you? Uh-hunh, that's what I thought! This goes for your 5 "co-signers" as well. Was there someone pointing a gun at your head, making you read my post?
@Realistic woman,
Ummm, see above! I can probably make a guess as to why the subject matter would not hold your interest. Shall I summarize? OK!! Just for you.
Summation: Black people have been sold, lynched, spat on and shat on, been accused of killing Peter(?) Stuart"s wife up in Boston and kidnapping and killing Susan Smith's kids in South Carolina, had a toilet plunger handle shoved up the rear by cops in New York and been shot 41 times, again by the cops in New York, for being black and holding a wallet. Do you know how many blacks have been released from prisons and death rows because of DNA results? I do. Now, when we have the nerve to say that the "just us" system is effing us left, right, front and back, it's just all too much for white people to handle. Well, I guess you all had better "man up" then because this is just the beginning.
Then again, you probably will not read this because it's too long.
@sandie644591
Are you black? In my over 30 years on this planet, I've discovered all races and creeds have their fair share of people who "love to tell other people what to do and how to do it". I'm sure you were feeling "all sanctimonious, smug, and self-satisfied" after your post. Your hypocrisy and racism are showing. Why don't you acknowledge that there are plenty of white people and other races that have been wrongly accused and convicted? Why don't you acknowledge that white people have been released from prison because of DNA results? There are plenty of instances of whites, Asians, and Hispanics being the victims at blacks hands or being accused of doing something a black person did. Everything you say that has been done to black people has also been done to every other color, creed, gender, and sexual orientation. Me? I'm for justice for everyone. Not just people that look like me.
maybe there are more blacks in prison because there are more blacks commiting crimes? * we should fix why that is , its not cause they are black but poor * Are you sure its all racism from the cops and prosecuters and victims? And crack cocaine was a bigger crime cause it was the bigger problem, stupid yea, and im glad they reversed it and made both drugs the same crime. for profit prisons should be against the law, nobody should make a single copper penny off the judicial system, othere than payrole i guess i ment a profit.
LISTEN UP ALL USE LIBBIES — blacks = 12.5% of our population ,sooooo , put 12.5% of them on all juries !!! Problem solved !!!! Just try and find a black that is against the LIBERAL policy of RACIAL JUSTICE ! I predict this law will be overturned and because it arbitrarily decides that RACISM was in the hearts of prosecutors, when everyone knows blacks use JURY NULLIFICATION TO FIX THE OUTCOME OF TRIALS ALL THE TIME !! Truth !
@smithkov,
Yes I am black, and proudly so! As for your statement "There are plenty of instances of whites, Asians, and Hispanics being the victims at blacks hands or being accused of doing something a black person did. Everything you say that has been done to black people has also been done to every other color, creed, gender, and sexual orientation." Yes, other races have been the victim of crimes by blacks, I never said otherwise. But I would like some examples of blacks accusing other races for their crimes, as you stated, you know, the reverse of what occurred in the Stuart and Smith cases, among others. Whadya got? As for the rest of your post, I have taken up the cause for black people who cannot and will not get a fair shake in the "just us" system. If you want to do the same for any other race(s), well, go right ahead, who's stopping you? I think YOUR racism and hypocrisy and a few other things are showing. But, then again, I would expect nothing else.
Black people have accused whites of crimes such as the two I can think of right now where Rev Al Sharpton and the black community accusing white men of raping a black teenager and it was all over the place before she said that she lied. Then there was the case he made famous of The Duke University athletes accused by a shady lady of color of raping her before it was proven not to be true. The most recent was the Trayvon Martin case where it was hyped all over that a white man killed a black teenager before they found out that Zimmerman was hispanic. What about justice when the new black panthers have a $10,000 bounty on Mr Zimmerman dead or alive. Where is the justice or jury there. I am thinking that when all the facts come out, Mr Zimmerman will be found to be innocent because of self defense. However, black people seem to want him executed without a trial. How fair was the O.J. trial. Black people were dancing in the streets because he got by with murdering two white people. Our own president has shot off his mouth before finding out the facts when it came to color. WHY???? These are just a few off the top of my head. No color has the market on stupidity. It is all just sick!!!
Actually sandie you sound like the true racist. Those that have commited murder deserve t be hanged in public within 48 hrs of there guilty verdict Regardless of their race(if dna confirms it, there is 2 witnesses or a confession, others life in a six by six with no books,no tv, no computer or visitors and only 2 meals aday). Use a rope it will save millions within a year between housing them and using "human" execution methods.
For your information all races have been enslaved by another at some point in time, there are still some held in slavery today, unlike here in America where slavery was ended and NOONE living right here now was held in slavery, so past wrongs really dont mean much anymore. Many races that first came to this country have faced persecution and most have managed not only to become a valuble part of society but also many have prospered.
@Freestar-2915237,
Tawana Brawley and the lacrosse team, ok , you got those 2, repeat 2 instances. Your side is still far, far ahead of the game with regard to such things. As far as O.J. Simpson is concerned, I was never a "fan"so it really did not matter to me (other than seeing how far and fast his "white card" fell) what the verdict was. Whites were just upset that he beat the "just us" system, at that time. Oh well, stuff happens! As for the president, I do not see where what he said was such a problem, but white people nearly keeled over about it. Again, oh well. As for the New Black Panthers, why do you all have your panties in a bunch about them? We have had to live with the Aryans (killed that Ethiopian man in Oregon or Washington state a few years back, kicked him to death.) white supremicists and the rest of those idiots since forever. You do not seem too concerned about them. Yeah, it's sick alright. And who started all the sickness?
@bluthunder,
Do a lot of sweeping under the rug? Oh, and the rope thing........been there, done that, remember?
@bluthunder,
As for your statement that "past wrongs really don't mean much anymore," why don't you try that theory out on some of your Jewish friends, if you have any. See how well that goes over with them. Tell them that the holocaust "don't mean much anymore." I'm sure they will be tickled pink with your reasoning.
The death penalty period, is for banana republics. The list of nations with the highest execution rates...
1. China
2. Iran
3. N. Korea
4. Yemen
5. U.S.A
6. Saudi Arabia
7. Lybia
8. Syria
9. Bangladesh
10. Somalia
Wow, we're keeping some good company. Conservative estimations of cost, by the Adminstration of Fair Justice...
1. To keep the death penalty as is... $137 mil/year
2. To reform the death penalty and apply it fairly... $232.7 mil/year
3. If we were to cease the death penalty and apply life without parole... $11.5 mil/year
And that's just in California. Hmmm, so we're paying that much to be like China, Yemen and N. Korea??? What about due process...
1. 96% of the states where there have been reviews of the death penalty show either race of victim discrimination or race of defendant discrimination.
2. Those who kill whites are over 3 times more likely to be executed.
3. There is an average of 3.1 exonerations per year, where death row inmates are released due to having been wrongfully convicted.
I could go on, examining education and poverty levels of those who are executed, but alas I only have so much time. How about criminal prevention...
1. 88% of expert criminologists reject the idea that the death penalty deters crime.
2. The FBI Uniform Crime Statistics Report found that the south had both the highest murder rate, and the highest execution rate.
And if that doesn't convince you, how about this...
"He who despises his neighbor sins, but blessed is he who is kind to the needy."
"Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy."
"This is what the Lord Almight says: 'Administer true justice; show mercy and compassion to one another."
"That which you do unto the least of your bretheren, you do unto me."
"And what does the Lord require of you? To act justly and to love mercy and to walk humbly with your God."
Well written, Sarah. You will get a lot of vile criticism, but the fact is--death penalty prevents almost nothing, costs a fortune and is not foolproof. It always kills me that the same people who think our military and our death penalty courts are infallible are the same ones that think government is totally incompetent in every other way.
It always gets me, that they also tend to be the ones invoking Jesus to make their political/social points.
Drop the death penalty, decide who to rehabilitate and who to punish, keep prisoners more like the animals the worst of them are, and spend the savings on REAL rehabilitation. That would be better than the crime colleges we operate now.
You do know that on average the US executes 3 people a year right? Your whole list is a statistical lie that so many fools will take as truth. Saudi Arabi executes on average 150 a year
US,
Are you planning on letting us know the source of your information? Or is your word just law? How is it a lie? Is it not true that the U.S is the fifth leading nation when it comes to executions?
Three people a year? Now THAT is a lie. Not a "statistical lie", whatever that is, but a plain-old lie. Just a cursory glance of the internet shows that the USA executed over 40 people last year alone. You have no business calling anyone a liar or a fool.
Man, talk about cleverly presenting only part of the truth!
Know why the death penalty costs so much?
Decades of wasted money on endless, taxpayer funded appeals and legal services, as well as 'incarceration'.
You go on being smug and smarmy and 'enlightened'. I suspect your position would change if, say, a few of your fellow human beings broke into your house, tied you and your children up, raped, beat, and set you on fire and you survived. Does that sound familiar? Follow the news?
Way to bring up your god, too, to bolster your moral superiority. The Flying Spaghetti Monster would lower a noodle to hang these monsters for the benefit of society.
It's sad that people like you lack the backbone to admit the fact that there are evil men in this world who deserve death - to keep us all safe.
To say nothing of the tremendous waste of money keeping them alive.
Yes I know, the death penalty laws need to be changed. It takes far to long to execute someone. Three years should be enough time for appeals.
Where did you get you're numbers? Texas alone executed 17 in 2010, and 13 in 2011. Overall all for the U.S: 2010: 33, 2011: 44.
The financial numbers she quotes are the number of executions, but the saving for those on death row. That number is in the thousands.
I get my info directly from the NAACP and one of their websites:
Oh that, yeah that's what I call abiding by the U.S. Constitution.
Did I say anywhere that religion was the convincing factor for ME?
Wow, most men don't hate me this much until AFTER they date me.
wow, just realized I had a typo...it's 35 not 3.....1292deaths/36 years is 35 a year...726 whites, 442 blacks, 99 latino, and 24 asian.
Seems it's whites that are discriminated since they are 1380 on DR while there are 1335 blacks currently. Why is it people never put facts? It sucks that you cant put source but the website is death penalty info dot org
In America, true justice depends on how much you can afford or well connected. OJ, Kennedy, and others come to mind.
The poor and less educated constitutents are executed by the Police State before their case even appear on the door steps of a courthouse. When police executions is added to judicial ones, America ranks number one on Sarah's chart. Let's not even talk about the American government's assassinations of foreigners suspected of terrorism or vocally disloyal Americans living abroad.
Is race an additional factor in death penalty? At one time, Blacks were enslaved in America because of their race. They were property to the White Powers. Before the 13th and 14th Amendment, destroying one's property has no consequence. After the 13th and 14th, lynching was popular in the South to put the Blackman in his place. Blackman's fornicating with a Whitewoman is a de-facto death penalty-- rarely to a Whiteman. Blacks can't own a home in a White neighborhood, even if populated by White Trash. Blacks couldn't even vote unless they met state requirements that Whites were exempted. Until the 60s case, Virginia v. Love, several states prohibited interracial marriages. Federal's "White slavery law" was based on stopping Blacks with their White spouse moving into a liberalized state.
Enforcement and legislation of any law has always been racially selective in America. "Yellow Peril' laws in effect during the late 1800s and early 1900s were designed to exclude the "Yellow" race from America. Before Hollywood exposed the prejudice of White America, the Founding Fathers stated that Black slaves and American Indians were 3/5 of a Whiteman. After Hollywood, " the only good Ingine is a dead Ingine" was a popularized death penalty for the Redman.
Do you really think you're a persecuted, minority?
Just want to say I thoroughly enjoy watching Sarah school about everyone on here continuously.
Wow, you really are a piece of work to come to that conclusion Sarah. I posted FACT, backed with actual source, and instead of taking it to heart you clame I'm a persecuted minority. You are one twisted person.
And to point out, I'm half black and half Dutch. Feel stupid now?
@Mike, how did she school? She attacked me for proving her the wrong on this being a racist issue against blacks when it has been proven that it isn't. Self-hatred of your own race is actually a mental disorder called Body Dysmorphic Disorder
Factor in the $50,000 a year for life for all of the inmates that don't get what they deserve. Also, our tax money goes to private prisons which lobby against the death penalty. It allows them to make more and more money. Private prisons with only 2000 inmates make around $112,000,000 a year from our tax money and 3/4 of the inmates are there for non-violent crime. Its the second biggest industry besides big pharma.
And what percentage of the population is black and what percentage is white? Using actual numbers of executions by race is disingenuous at best and dishonest at worst.
Nope, not all. It takes way more then that to make me feel stupid. Falling in public, barfing in front of a boyfriend for the first time, walking around with something in my teeth... Those types of things will do it.
What fact and/or source??? I don't think you get the concept of statistical analysis or data gathering.
http://www.naacpldf.org/death-row-usa
Posting numbers with no real context, and then personally saying what you think doesn't a FACT or a SOURCE make.
http://www.amnestyusa.org/our-work/issues/death-penalty/us-death-penalty-facts
http://deathpenaltyinfo.org/FactSheet.pdf
Now, when you check these out (as if you will) you need to look at the race of VICTIMS. People are more likely to be executed for killing WHITE people.
Are you really a Marine, because if you are and you think THAT was an attack, well, I'm just saying...
Thanks, Iron Mike!
@Mike,
Blacks make up 12% of American but commit 52% of all capital crimes...that is one damning statistic to make you look REALLY bad
Sarah sarah sarah..
WHy do you pick and choose?
deathpenaltyinfo.org/race-death-row-inmates-executed-1976
Sarah - ....yesss.... that's sorta true about the Constitution - but why does it drag on so? That's the problem.
I may have been assuming that religion was a convincing factor for you. It is for many who post here who are against the death penalty. I apologize if I was in error.
Hate? No hate at all! Really!
Pete,
No offense taken. It drags on so long, because what makes our laws great is the fact that we would rather see 100 guilty men go free, then one innocent man be executed. The whole presumption of innocense, while time consuming, is esstential for us to be an elightened society.
US,
I pick and choose, because it shows an inherent discrepancy. As a society, we're obviously valuing the lives of white people, particularlly women, over the live's of everyone else.
The numbers of those locked up, are representative of the actual numbers of their populations. There are MORE white people in this country, then black people, ergo logically, there will be more white criminals. But when you look at ratios, the injustice is seen. You look at who gets exectuted for doing what. You look at the percentages.
Get it, yet?
@Sarah, what don't you get about that black people commit more crimes period? 52% of all murders are by blacks yet they only make up 12% of the population. That shows something seriously wrong. You claim whites should be higher for no reason other than because there is a higher population.
USMarineSgt-2486236:
The left wing nuts hate it when point out that they are wrong.
Seems to be a lot of that going on here in America.. PS> I think SARA has issues!
It certainly prevents repeat offenses by the same offender.
Because that doesn't fit into the PC BS crap that we're being force fed every day. You can't call a tree a tree without being told you're anti-tree. (I would have used a particular suit of cards in that phrase, but that would have called racist.)
US,
nhjiopsdfAWERjusdkl;gnjasgaskdegAS"DghklEGTNK'
Sorry, that was my forehead hitting the keyboard from your willfull ignorance. Ahem, back to my original point, that thing about black people committing more crimes.... Yes, that shows that how we prosecute crimes isn't quite as equal as we would all like to believe.
Justice isn't nearly as blind as it should be.
http://www.civilrights.org/publications/justice-on-trial/
This convo is about murder, not drug crimes. Try again. 52% of all murders are commited by one of our lowest populations. You can't ignore that fact no matter how hard you try
52% of capital crimes being committed by 12% of the population indicates to me an enormous disparity in the application of the legal criteria resulting in the prosecution of a crime as a capital crime as opposed to a lesser charge that would not qualify as a capital crime or in the application of the death penalty itself, but I could certainly see how someone who views a race as inherently less human than another could use that stastical anomoly for other purposes and arguments.
Death penalty costs a fortune because of liberal lawyers.
Death penalty doesnt have to be a deterrent, it is an antidote.
IronMike,
I'm fairly sure that went over his head. But you nailed it.
Blah, blah, blah.....couldn't be just the simple fact that those that are guilty of capitol crimes are the ones in jail, could it? Impossible! Has to be someone else's fault! They were all set up and the victim of prejudice! They all had tainted jurys full of nothing but bigots!
/sarc rant over
You know, you're right. I mean why would anyone in this country possibly think that the system is skewed. It's not like we have a history of inequality under the law or systemic racism. They said, "All men are created equal" and every single person since, has held that to be true.
/sarc rant, probably not even close to being over.
Sarah-since you are Miss statistic and keep toting that blacks are more lilely to get the death penalty for killing whites could you please give us the comparative statistic as to how many of those african americans that are in prison have killed whites vs the percentage that have killed people of other ethnicities? Since the larger portion of the population is whites the statistic you are providing does not automatically lend to the fact that it was a white victim being the determining factor as to why they are on death row. Without comparing the percentages of both portions of the imprisoned population the statistic you are throwing around means nothing. Can you prove without a doubt that thsoe not on death row are statistically proven to have killed more non-caucasian people or is it just a factor of the population as whole-more whites=more whites killed?
Becky,
Go click on the links I've already posted. Or were you just trying to look smart. You know you could have asked that in like three sentences, right?
http://deathpenaltyinfo.org/FactSheet.pdf
This one breaks it into a pie chart, by ethnicity. Anyhoo, I'm off for the day. Enjoy.
Thank you Becky. For all the statistics being thrown around here it seems simple math on our Country's population make up got thrown out the window. Then again the fact that 65%white vs 13%African American and whites make up most of the victims would not help their argument so that's why it wssn't presented.
Sarah-thank you for the website it does have some interesting facts on it however it does not address the point I was making in the least bit. It shows the variance between how many blacks killed whites and got the death penalty and vice versa but it in no way accounts for the percentage of the murders committed by either side that were not in this statistic. What percentage of the murders committed by the african americans were on other races? What percentage of the murders of whites were on african americans? It is easy to pic and choose statistics and give the answer you want but without looking at a complete represntative sample of all factors you are simply manipulating the facts. Is it possible you are more likely to go to jail if you are black and kill a white person? Possibly-but none of the information here looks at the statistics as a whole. Even on this very fact sheet it shows that the percentage of death row inmates that are white vs black is almost identical 43% white 42% black. It also does not say that in the 75% of white victims what percentage of those murders were committed by blacks vs whites. To use this statistic to cry racism is manipulative unless you can compare it to the percentage of murders committed by either race on all races.
What if 75% of murders committed by african americans were committed towards caucasians? (this is not an actual statistic I'm using it as an example) This would mean the theory that because more of their victims were white more went to jail is skewed because the percentage of murders committed by them on whites is higher than the national average. This kind of information is not provided and therefore the information on these websites can not be taken as fact-they are incomplete statistics.
Not in Texas, baby!
Sara....against the death penalty obviously...what about abortion?
Why did they convict Scott petersen of two murders in the most liberal state?
While I will agree that the death penalty does not deter crime it will certainly stop THAT person from ever killing again.
Not everyone convicted of murder should get the death penalty. Only those where there is NO doubt at all that the crime was committed by that person. DNA, Smoking gun, witnesses etc all serve to help assure us that these people won't be executed if they are innocent. It's true that many have been executed in the past that were innocent, but with our new technology situations like that shouldn't happen again.
What we need to get rid of is the 15odd years of appeals that apply to death penalty cases. Someone Rapes and Kills a woman, a child, burns an old couple to death after robbing them and torching their home, kills a cop etc. should get no more than 5yrs of appeals. That's where all the money is spent.
You people want to complain about the price of Death row. Reduce the appeals of those on it. Enforce executions. Don't keep people sitting there for 10-15yrs waiting. That will save a lot of money.
We can't forget the victims. They deserve justice.
Sara....against the death penalty obviously...what about abortion?
Why did they convict Scott petersen of two murders in the most liberal state?
While I will agree that the death penalty does not deter crime it will certainly stop THAT person from ever killing again.
Not everyone convicted of murder should get the death penalty. Only those where there is NO doubt at all that the crime was committed by that person. DNA, Smoking gun, witnesses etc all serve to help assure us that these people won't be executed if they are innocent. It's true that many have been executed in the past that were innocent, but with our new technology situations like that shouldn't happen again.
What we need to get rid of is the 15odd years of appeals that apply to death penalty cases. Someone Rapes and Kills a woman, a child, burns an old couple to death after robbing them and torching their home, kills a cop etc. should get no more than 5yrs of appeals. That's where all the money is spent.
You people want to complain about the price of Death row. Reduce the appeals of those on it. Enforce executions. Don't keep people sitting there for 10-15yrs waiting. That will save a lot of money.
We can't forget the victims. They deserve justice.
You're right, Sarah.....it is a shame that we are fifth on that list.
We should be number one.
exactly right Sarge...
Sarah's thinking is why when a black kid attacks a white kid at school...they both get expelled for fighting
after all, we don't want to hurt anyones feelings by having a disproportionate number of black kids getting disciplined - it would appear racist
Sarah-3043284, you are ignorant if you think that white people are not discriminated against every day. worse yet, it's usually by their own race. Every time some liberal, activist judge forces a city of town to treat "minorities" differently when hiring people for jobs, it discriminates against white people.
The sad part is that people like you do not understand what the underlying message is to non-white people when you enact these ridiculous laws. Here it is-all things being equal, you can not compete with a white person, so we have to let you score less and do less.
Finally, you can't prove that the death penalty is NOT a deterrent because you can't gather data from people who may not have committed murder, since they are not in prison. Get it.
Option 1 for future murders. Do not murder and this wont be a problem.
It`s funny how we can give such mercy to those who do such heiness things but completely talk against a system that has been more than fair for the past 100 years compared to earlier years.
Option 2. For the race of a defendant have the same race for the jury? I doubt every single black person is against the fact that man deserves to die.
To Smarmy Sarah. Explain to me how it costs 237. million a year to keep the death penalty in tact but would only cost 11.5 if we got rid of it? HUH?. How would killing someone and not having to house, feed & cloth an inmate be more expensive then having him live on the tit for the rest of their lives. It seems to me your math sucks dear, or your sources suck, one or the other. The death penalty saves us millions by removing them from society and no longer having to pay for them to live out their days. Please explain how it costs more to kill them then to house them.
@Sarah 3043284
Thank you! I've never seen one person so handily beat so many ppl who ignore the truth.
You made my day!
And that's not saying that this murdering scumbag should not stay in jail.
Sarah,
Everything you are saying makes complete sense, to those of us with common sense. The US Marine, well, in his defense, he is a marine. They are trained to kill, not to think. They do what they're told and piss on the bodies of their killed victims. Why would you expect a sensible conversation from him?? Excuse him and move on. :)
You like percentages so much it doesn't dawn on you that, as you are so fond of pointing out, there are more white people than blacks in this country?
I bet you would blame tires for being prejudiced towards cars simply because cars have more flats than trucks and motorcycles combined, while disregarding that there are far more cars than trucks or motorcycles combined.
Yeah...and the OWS crowd have the support of 99% of this country. Same logic. They're right, even if they have no support, because they say so.
USMarineSgt-2486236,
I also utilized deathpenalty.org for my earlier post, #2.15. VERY informative!
OK first lets address a question becky has... Race based homicides
From 1976 to 2005 --
http://bjs.ojp.usdoj.gov/content/homicide/race.cfm
So we both races, tend to keep killing their own not each others. The victims are 50.9% white and 46.9% black. Twist the numbers how anyone wants to from there.
Now this is unusual. Sarah-3043284 and I rarely see eye to eye on much. We may not even agree on all the reasons here but we ended up on the same side.
The death penalty is overly costly and does NOT serve as a deterrent. Whether we argue it is unequally applied or not, the real injustice is when we execute an innocent person. It is RARE that someone admits to a heinous crime, has actually done the crime, and gets the death penalty. More frequently we find those who have been found guilty of heinous crimes as being insane and that somehow negates the death penalty. All too frequently we find someone who has been in prison for years is innocent.
As a society we find killing morally unacceptable. Generally we are against abortion, assisted suicide, and those who kill for any reason. Killing is killing. Whether someone uses a gun, drinks and drives, uses a knife, bludgeons someone or uses some other method it is killing and we consider it wrong. Then why do we have the state kill on our behalf? Do you want the blood of an innocent person on your hands?
As Sarah points out, it cost a small fortune to place someone on deathrow an keep them there through all the appeals processes. Granted we would still have an appeals process for all the life without parole prisoners but we would house them just like any other convict. The prison system is an entirely different topic but I think most would agree it is overly expensive and there are way too many luxuries afforded those whom we are supposedly punishing. My biggest reason for life in prison vs the death penalty is when we get it wrong there is an undo. We can correct the record, release the wrongfully convicted and reasonably compensate them for our mistake. There is no reversing death.
There are those who will argue "what about those monsters that there is no question." Caught in the act and bragging about what they did. They are rare. Again, we don't believe in assisted suicide. It is rare the we even sentence most of the to death. Lock them up. Life without parole should mean just that. No reason to release them, EVER. Once convicted the ONLY two ways out are feet first or some evidence that proves they could not have done the crime, be that DNA or the real criminal coming forward.
Sarah - As a fellow Democrat, I agree with you on most issues. This one I do not. Sorry, but if you kill someone in the first degree, are tried and convicted, you must be sentenced to death. No, it doesn't bring back the victim(s), but the convicted person's family will get to share the same grief as the victim's did. I do agree that the execution must be humane and carried out with dignity and not humiliation. Anyone suggesting public executions is a barbarian and needs to stfu.
@tonybeeerm I am always amused by those dems who are so fond of trying to dictate what can be said. you said "stfu"? well tough @!$%#e tony, free speech and all that.
I would have no problem if they did bring back public executions, I have seen people die before. It is not gonna phase me in the least. And I would bet that it would have a much greater impact on others than the death penalty as it stands now.
easy to be a forgiver when you have not had a member of your family dismembered in an abandoned warehouse.
Sarah,
http://voices.yahoo.com/the-channon-christian-christopher-newsom-murders-249459.html
http://en.wikipedia.org/wiki/Murders_of_Channon_Christian_and_Christopher_Newsom
http://www.snopes.com/politics/crime/newsom.asp
http://www.knoxnews.com/news/news/local/channon-christian-christopher-newsom-murders/
The atrocities suffered by Channon Christian and Christopher Newsom by the animals who killed them would STILL be talked about and well know to this DAY, if the races were reverse. Sadly, most people don't even know who they are....BECAUSE OF THEIR RACE.
YOU, your attitude of superiority and your white guilt disgust me!
do the victims matter to anyone anymore???
Death penalty brings victims back to life...
Rich-4274730.......
When racism affects our legal system, the number of victims increases.
Rich - Victims don't matter to liberals, only using race to make themselves feel "special" matters, the resulting pain to honest Americans means nothing to them.
"Robinson and co-defendant Roderick Williams Jr. were convicted of murdering 17-year-old Erik Tornblom after the teen gave his killers a ride from a Fayetteville convenience store. Tornblom was forced to drive to a field, where he was shot with a sawed-off shotgun."
http://news.yahoo.com/judge-race-played-role-nc-death-penalty-case-152140015.html
A 17 yr-old kid gives you and your friend a ride, and you repay the act by executing him with a sawed-off shotgun in a field. It doesn't get much lower than that.
@Ian, you are a sheep. Race has NEVER been a factor and the number of exectution prove it. 1292 inmates have been executed since 1976 when the death penealty was restored. Out of those numbers 726 are white and 443 are black. The study is 100% a lie to make black people out to be victims when it is whites that are the victims this time
" Victims don't matter to liberals, only using race to make themselves feel "special" matters, the resulting pain to honest Americans means nothing to them."
That's the kind of vile statement that comes from someone who never leaves his home and has no clue what is actually going on outside his own head.
mcb - "That's the kind of vile statement that comes from someone who never leaves his home and has no clue what is actually going on outside his own head."
That you think this represents someone who DOESN'T agree with you on letting a convicted murder live only highlights your own cluelessness and naivety. But great job providing absolutely zero meaningful arguments for your asinine position.
USMarine -
As IronMike pointed out above, and which you either conventiently ignored or haven't read yet, your comparison of numbers is not accurate. You need to look at what percentage of the population is white and what percentage is black.
As of 2010 12% of the population in the US identifies as black. 72% identifies as white. 72/12= 6
There should be one black man for every 6 white men on deathrow, all things being equal. Instead the ratio is 726/442= 1.64
That is the real math. Sorry to burst your bubble.
@Ivan,
ANd you conviently left out that 52% of ALL MURDER is committed by blacks vs 40% of ALL murder is committed by whites. Since that is fact, why have more whites been executed when more blacks commit the crime?
SOrry to bust your bubble with the rest of the equation
usmcsgt-24------their logic is screwed up. Based on what they claim, whites would have committed more murders than blacks. The way you state it 52% is committed blacks, that's true hard fact, and most of those crimes are committed against black people go figure. Their math doesn't quite jive Anyway jarhead Semper Fi 66/67 I corps
Rich - I care. This was an unspeakable crime. And I can't understand how we keep having to have laws, groups, etc. for only African Americans....doesn't these groups, laws, etc. just keep dividing us because we are all not being treated equal?? I mean this Racial Justice Act is just one of 100's if not thousands of laws, groups we have to "protect" African Americans. Isn't the NAACP, Al Sharpton, Jesse Jackson enough. Why is everything about race? Couldn't it just be that this person murdered another person so therefore he should be sentenced to death. He had a fair trial, he had his days in court. Why now does he get to live another 30 yrs or more in prison...is it just because he's black? That isn't fair to anyone and it makes our justice system look stupid and pays no respect the the victim's family. I also feel the death penalty is a deterrent, but that is only my personal opinion.
just for the record, the first man put to death on Florida's electric chair back when the death penalty was reinstated in 1976 was a white man, John Spekelink, whose case was tainted with controversy over whether or not he actually deserved the death penalty
meanwhile, Stephen Todd Booker, a black man, rapes and murders a 94-year old white woman in 1977 and he sits in his cell writing poetry while the taxpayers pay for his room and board
US Marine (PFC),
You're an absolute disgrace. You should give your uniform to your local surplus. You've tarnished the eagle globe and anchor. Whites are never the victim in this case, you peanut riddled puke. Stop posting on this site and turn in your stripes, maggot!!
@harleyhoney, Are you serious? Are you aware that the NAACP, Jesse Jackson and Al Sharpton are all private groups or people? They have no official power or authority. What laws can they enforce? Aren't they enough? Enough what and for whom? You stumbled right over the issue and didn't see it. You wrote, "he had a fair trial". No, he didn't! The court found that Blacks were systematically excluded from the jury pool for no reason other than race. That isn't a fair trial, that is manifest prejudice. Blacks didn't exclude themselves from jury duty, but someone did. You can ask the prosecutors why they made this about the race of jurors.
This was a common practice in jury selection across this country. I think it still happens every day...
NB820-001;
Did the basics of math escape you some how? The article clearly states that 2 of the juror's were Black & 1 was Native American. That's 3 of 12, or 25%, who were minorities. They had to vote for the death penalty also or there would have been no death sentence to overturn. How many minorities do we halve to provide to be fare? I suggest the distribution of minorities on this jury was more than fare.
No, but it brings justice to the victim's family. Knowing the scum will never kill again is closure for many people.
That 52% stat that the Marine keeps harping on is not factual. More black people are arrested and charged more harshly for their crimes. Just based on the fact that I am a woman of color, I know that the criminal justice system hands out justice differently to people of color. Many of you say, like it's solid proof, that it is a fact that black people committ more crimes than white. NOT true! Black people are just arrested and charged more often. I have no criminal record, but I am willing to bet money that if I committed a crime and a white woman committed the same crime, the results would be different. Our system has discriminated for so long, some of you are ouraged when it finally starts being "fair".
Realistic woman
Read what he stated not what you want to be true. He stated that 52% of all MURDERS are committed by Blacks.
.......................Victims .............. Offenders
..................White Black... Other White.. Black Other
All homicides 50.9% 46.9% 2.1%... 45.8% 52.2% 2.0%
http://bjs.ojp.usdoj.gov/content/homicide/race.cfm
Now if you want to fault him for understating by .2% yes he is wrong.
That may be true. Post a link
Simply because you are a member of a group does not make your statement true. If anything it lends to a belief it COULD be bias. I am not saying you are wrong but your argument/proof is invalid.
Fact is though that as a proportion of population, Blacks commit significantly more HOMICIDES on a per capita basis than Whites.
I invite you to provide a reliable source on crime OFFENDERS. I can find MANY that make claims but are very biased. They can't even get the homicide numbers right. I can find reliable numbers on victims but even that I can't find by race other than homicide.
I see reports of causative factors http://www.huffingtonpost.com/van-jones/are-blacks-a-criminal-rac_b_8398.html but not reports of crimes committed by race other than homicide... causative factors do not reflect actual crime rate. Example men commit rape does not mean all men commit rape only that the majority of rapes are committed by men. also victims by race doesn't tell us what race is doing the crime.
I and others tire of hearing the rant without the real numbers. Yes for a long time Blacks were down trodden, and discriminated against. I have no issue with being fair. I have issue with being blamed for the PAST of OTHERS. I also have issue with someone being a "victim" when the injury was not to them.
Your statement that there would be different treatment reflects my statement that you feel you would be treated unfairly based on the PAST of others, not yourself on your own merits.
Trust....thank you for saving me typing.That was very well said........
rusty-2418164
Welcome... fairly easy except those tabbed statistics...
We can easily decrease the cost of executing these murderers. If convicted using DNA, have 2 eyewitnesses or a confession they should be HANGED within 48 hrs in public with those in juvenile detention made to witness it so they will see what they are headed for. To say it is not a deterent there are cases where the murderer has been released or escaped and committed multiple murders again, it would have detered thse from happening. Those innocent people would still be alive.
It never ceases to amaze me how people like Sarah complain about the death penalty for those that hae MURDERED other people and have shown they cannot live in society, yet COMPLAINS non stop about her RIGHT to have an abortion to kill something that has not done any harm to another person. People like sarah should be made to see the photo's of the torture many of these murder victims endured, and see what their families have lost from the actions of a murderer she does not want to be executed.
Bluthunder You are comparing apples to oranges. One is executed for murdering a living, breathing, feeling human being while the other stops, a none feeling 3/4 inch long piece of material, from becoming a living, breathing, feeling human being.
Statistically, it has been evident for a long time. Black on black crime--low chance of the death sentence or even a long prison sentence. Black on white crime--pretty much the end of the game. Even if you discount everything else, you find that OJ was the exception to the rule.
Still, it was nice to see OJ put in the slammer.
Buffaloes roam, Your facts are lost on the tone deaf dingbats posting here. They are either in abject denial or simply refuse to acknowledge the truth. I'm going to make this as plain as I can. The death penalty is sought at a far higher rate WHEN THE VICTIM IS WHITE! This has been found to be true regardless of the race of the accused. This has little to do with this case in NC. The court found that Blacks had been excluded from the jury in a peculiar pattern that defied probability and averages.
I'm a black woman and I guess I'm missing the point because in the end he still murdered someone........
Maybe I'm a little slow today
It's about the process of law. Procedural due process, in essence, is its own form of turning the other cheek. If we don't have equal protection and we don't apply our laws justly, and blindly, the basis of our society will crumble.
Yes, it's horrible, what happened to this victim. But this is about reason, free of passion.
society is and has been crumbling. America has absolutely no moral fiber left. if we had better moral values (an ability to know the difference between right and wrong) wouldn't you think that things would correct themselves?
"Process of law" was the trial. "Reason" was the despicable, cowardly execution of a 17 year old that earned his own execution.
"Free of passion" is enforcing the sentence rather than creating injustice through a passion to make oneself feel special by pretending you are helping someone.
As probably the only one here who has ever been a prosecutor and picked dozens of juries on homicide cases, I have to say you are missing a critical point Sarah. Let me present this hypothetical: I have 20 people in my venire (jury pool) to pick from. I voir dire (ask questions) of all 20 of them. The first 10 of them respond with various versions of the following: I hate the police, the police are corrupt, the justice system is broken, the victim probably asked for it. Or they just sit there and pick their noses, make outrageous comments (ex: there are aliens in my head telling me what to do), or and have about the common sense of a potted plant. The second 10 of them are smart, interested, educated, paying attention, listening to the attorneys and judge, and have no apparent bias towards any side. If the first 10 happen to all be white and the second 10 happen to all be black, guess what - I pick an all black jury. If the next day the breakdown is the opposite, then I end up with an all white jury. I'm not striking a juror because of the color of their skin and race has absolutely nothing to do with the selection process - it is the juror themselves that we look at. However, if you just look at the statistical breakdown of just color of skin and fact that they were not selected for the jury - with no other factors considered - then it makes it look like there is racial bias when there is not. There is some seriously flawed reasoning behind this Act.
The trial or process of law, in this case, was not applied with equality. Free of passion, in this case, is understanding that in the face of this man's horrible actions.
Coleslaw,
I'm aware of voir dire. I'm also aware you weren't the prosecuter on this case. I tend to believe, when someone's life is at stake, as well as justice and a basic tenent of our laws, we should err on the side of caution. It's not nearly as simple as you're attempting to make it.
"Free of passion, in this case, is understanding that in the face of this man's horrible actions"
Wrong.
"Free of passion" is acknowledging the horrible actions (which is what he was tried and sentenced for) rather than choosing to pretend that race mitigates a well-earned and well-deserved death sentence.
Sarah - It most certainly is not nearly as devious, racist, and corrupt as you are attempting to make it. The jury selection process I described is not the exception, it is the rule. Why on earth would I pick a white person who may be biased or a terrible juror over a black person who may be a fantastic, intelligent, and fair juror just because of the color of their skin. That's absurd. And as far as your opinion on the death penalty goes - I would invite you to walk a day in the shoes of a prosecutor or homicide investigator, especially ones who do child homicides. When you see the unbelievable things that some of these murders are capable of doing (Hollywood can't hold a candle to the reality) you would very quickly change your mind. I don't support the electric chair... I support the electric couch - let's do two or three of them at a time.
Coleslaw,
This isn't about YOU. And if you can't see why a court would be leary of the motivation behind such a one raced jury, you aren't looking deeply enough.
And here I thought you were sworn to uphold the law and practice it with all the caution and respect it deserves. Cross all the T's and dot all the I's. Or, you know, just throw everyone in a bathtub with a blow dryer.
Thank you Loving for seeing the only portion of this that matters. Murder is murder
Sarah-I think it is sad that you are so willing to try and shred anyone who has an opinion other than your own. It's ridiculous that even those who have an actual fact based experience such as coleslaw are automatically negatted in your mind because they see what you can not. It's sad how many people would rather see a murder live out their days and not be subject to the punishment for the crime they committed because peopel can't except that people may have tried them based on I don't know the crime THEY Commited. The only solution to this kind of BS is to make capital punishment mandatory for all murderers btu I would imagine people like you would still find a way to turn it into a race card instead of the fact that murderers deserve to be punished for their crimes.
Its called the appeal process to make people think the death penalty is a bad thing. It seems like youd agree with me, if you murder someone, youve forfeited your right to life, race is irrelevant.
Sara
I guess the only way you would ever understand the reason for the death penalty is if your child, mother, brother, father or other close relative were murdered the way the 17 year old was. He was taken away from a mother and/or father. If the murderer is found guilty, then he deserves the same fate as his victim. I don't give a crap if the jury is rainbow colored. Do the crime, do the time. In extreme cases, the death penalty is deserved and should be carried out within the year. My husband works at a prison and he has heard inmates bragging about the crime they committed and being on Death Row. He has had more than one say that they love being in prison, 3 hots and a cot. They get 3 meals a day, weight rooms, exercise in the yard, canteen, smokes, TV, hell they don't WANT to leave. So tell me what is keeping them alive doing to avenge someone's life? They are living, their families can come visit, spouses get conjugal visits.....while the victim's family has had to go on without him/her. Yeah, I really feel for that scum sitting in prison. NOT.
And I guess you missed the passage in the bible about "doing unto others as they do to you". In fact, man was punished by God with the "40 days and 40 nights of rain"; oh, guess they didn't cover that one in Sunday school either.
How about forget all that nonsence and say, "Talion" I believe that is just punishment. No Sarah, I won't break it down for you, you have time to look it up. Talion.
truedat6445 Im with you what happened to being AMERICAN first. now the country is being devided Black & white I thought America fought a civil war to end that looks like some are still fighting a 2oo year old war not for equal rights they want more rights than any other citizen with the passing of such laws.blacks are allowed to kill another HUMAN with no chance of recourse! they can always play that racist card and walk HOW IS THAT JUSTICE
If prosecutors hadn't played games with justice in the first place by manipulating the jury based on race, they wouldn't be in this situation. Now they want to waste more tax pay dollars on appeals. Ridiculous!
They didnt manipluate the jury..
THE JOB of the prosecutors is to get a guilt conviction. Both sides of the coin have X number of people they can strike from the Jury Pool for no reason what so ever.
If putting more white people, and he does so legally ( which is what was done ) helps put a murderer to death, I have ZERO problems with it. If the defendant was a Klan Member who killed a black guy, and putting more blacks on the jury gets a conviction, I have ZERO PROBLEM with it.
It still boggles my mind, how someone convicted of murdering a 17 year old with a sawed off shotgun somehow " deserves " special treatment because he is black.
the only Special treatment the guy should get either a bullet, the chair, or a needle.
jeremy: Yes, the proscutors did manipulate the juror selection process.
They excluded black jurors at more than 4 times the rate of other races. WHY? Did they do this because the jurors were unqualified? Apparently not, according to this judge's ruling.
Read before commenting.
Jeremy, this was and remains a horrible crime. You point out in a number of posts that the victim was 17. Are you aware that the convict was also 17 at the time? He is 38 now, the murder took place in 1991. Regardless of the ages, he was rightly convicted. The issue is that the prosecution simply excluded too many Blacks from the jury pool without sound reasoning. Assuming that any all Black people are "soft on crime" is biased thinking.
the prosecutor cant just say ok no blacks in the jury!!!! they say no to that one, then the defense gets to do the same and at the end they end up with a jury that BOTH sides picked.
What was that question again?
Oh for crying out loud...
Well, there is clearly a gap that needs to be bridged. Death sentences for shooting white teens, medals from the NRA for shooting anyone else. Both kind of perpetrators need to get the same sentence.
Wasn't Marcus Robinson just standing his ground?
Yes there is...726 whites have been executed and 443 blacks since we created the death penalty in 1976. It seems whites are the ones who are actually being killed much much more
It wasn't simply a shooting, it was a kidnapping and execution by multiple assailants who the victim had just given a ride. Just slightly difference than being shot while slaming someones head into the ground because they followed you.
"Robinson and co-defendant Roderick Williams Jr. were convicted of murdering 17-year-old Erik Tornblom after the teen gave his killers a ride from a Fayetteville convenience store. Tornblom was forced to drive to a field, where he was shot with a sawed-off shotgun."
http://news.yahoo.com/judge-race-played-role-nc-death-penalty-case-152140015.html
To all of you agreeing to save this mans life after he killed a 17yr old boy for NO reason whatsoever I suggest that he live with YOU until he dies. Or you do. Whichever comes first.
Sorry. I don't care what your race is. If you kill someone like that. You die. Period. End of discussion.
Genesis 9:6 Whoever shedds human blood, by humans shall their blood shed
Exodus 21:12 Anyone who strikes a person with a fatal blow is to be put to death
So it can go both ways
Update: New Testament...
That is old testament. The life and death of of Jesus removed the old "eye for an eye" justice and placed it in the hands of God.
Analysis: WWJD??? he'd compen$ate the u.s. slaves' progeny as was done/ordained by God in
the case with the Hebrew slaves
How can this be? Many Newsvine comments assure us there is no racism in the United States.
They also tell us that guns don't kill people.....that people kill people. Guns merely make killing people so much easier.....and quicker.
Guns can only kill when in the hands of and under the guidance of people.
piglizard420.......
Atomic weapons and nerve gases "only kill when in the hands of and under the guidance of people". Do you advocate making these legally available to the general population?
It might be interesting to test your pulse should you be locked in a room full of chimpanzees with handguns. Perhaps you would reconsider your theory.
Atomic weapons and nerve gasses are indiscriminate weapons and have an area of effect, so they can't be targeted towards individuals, thus negating self defense unless you could contain the affected area to your home, like sealing your house, hiding in a safe room and triggering nerve gas to kill off intruders. There's no containing atomic weapons, just detonating them in select areas where you want to destroy everything within that zone. I don't support these being in the hands of individuals because the misuse would be far more deadly than an individual bullet, or even a few magazines.
But these two things, just like guns, are tools, and require human intervention to execute their function. If I wanted to kill someone, I could also use a lead pipe, a rope, a candlestick, a knife, or a wrench, or a myriad of other tools that weren't referenced in Clue.
As to your comment about monkeys and guns, they lack the reasoning to use that particular tool appropriately, so I don't think it's a fair statement. Come up with one that references armed people, and I'll consider it.
Nonsense. The liberals tell us guns walk around and do this on their own all the time.
D-1519975.....you said:
The trouble with those "other tools" is that they are not nearly so efficient nor quick as a tool (i.e. handgun) which is specifically designed to kill. Neither would they let you kill at a distance.
You also said:
Perhaps that is why children, retarded folks, and the criminally insane frequently do not use those "tools appropriately".
Why can't you folks just admit that guns (particularly handguns and assault weapons) facilitate homicides of various sorts? The evidence is starting to pour in that your experiment to return us to the gun culture of the frontier west is even more miserable a failure now than it was then. It's the same mentality that produced decades of denial that cigarettes are strongly related to various (deadly) diseases.
I fully concur that guns are one of the most effective methods of killing people, but you're missing the point that someone still needs to use (or misuse) them to produce the results we're worried about. As for the comment about the various groups that shouldn't be allowed to use guns, that's what background checks related to gun control are for.
The comparison between guns and cigarettes is another terrible comparison. We didn't understand the health dangers of them for several years, but we've always had a very clear understanding of a gun's purpose, and its consequences.
I'm all for gun control, I also believe that there are responsible gun owners out there who use their guns for their legally intended purpose. I'm not a fan of assault weapons, and don't believe they should be legal for public purchase.
When the second amendment was conceived, it was due to the military being more of a militia than what we have today for the defense of our country. It's sad that it has been perverted from allowing private citizens to posses firearms to what it is currently. Unfortunately we're never going to have enough votes to change the constitution. What we should be doing is making sure that checks are in place to make sure that children, criminals, those that don't have their full mental capacity, and chimpanzees are unable to obtain licensing for a gun. In addition, criminalize misuse so much that it actually makes people think twice before doing anything that could be construed as misuse.
Ok here comes the anti gun fruitcake know nothings! Spewing their ignorance and hatred for an innatimate object!!! Maybe you should hate hammers too? Their another tool, good for bludgening someone to death or throwing at someones head! Or maybe kitchen knives, "used in plenty of murders"! You anti gun nimrods are the most uneducated, ignorant, moronic, maggot faced, fools on the face of the earth and as hard as you try, and as loud as you scream your ignorant no brain nonsense against one of mans greatest inventions and most usefull tools, YOU WILL NEVER, EVER EVER WIN YOUR LITTLE MORONIC WAR ON THE RIGHTS OF MILLIONS OF AMERICAN GUN OWNERS!!! YOUR ALL A BUNCH OF WORTHLESS LOSERS AND THAT'S ALL YOU'LL EVER BE!!! GOODBYE!
D-1519975.........
Look closely at the comment (above) of rightwing extreme......
This is only one example of the mentality of some who promote deregulation (even unregulated) firearms. Clearly, this is one individual whose predisposition for rage argues eloquently for gun laws.
If all adults were as stable as you (D-1519975) seem to be and could be counted on to act responsibly, their possession of firearms would be a force for good. However, folks such as rightwing extreme are common and they are often the very ones who are most attracted to and supportive of unregulated firearms. They are the folks who show up at political rallies with firearms and who, when faced with an inflammatory situation, shoot first and ask questions later.
BTW--The Surgeon General's report (issued on March 7, 1962) formally recognized the connection between tobacco use and disease. Many health professionals had been making this argument for years prior to 1962. Yet, many Americans refused for decades (some still do) to accept those findings. So, the analogy is indeed apt. Both are practices known to result in increased death rates and both were vociferously defended by a boisterous crowd.
Of course, someone must (in most, but not all, cases) misuse a firearm for bad outcomes to occur. However, as experience reveals, such misuse is common. Misuse of other tools (with the possible exception of vehicles and explosives) rarely have such dire consequences.
Thanks rightwing extreme....for your illustration.
I don't know that I'd make the assumption that our new mutual friend could pass the background check based on the mental capacity shown in the above post... I concur that the intelligence level displayed is more common than I'd like, and the cowboy mentality is one that is relatively frequent as well, but that's not going to be enough to overturn the constitutional laws we have in place.
I'm still going to argue that the cigarette analogy isn't apt. According to Wikipedia (http://en.wikipedia.org/wiki/Tobacco_smoking), tobacco has been smoked for thousands of years (5000 - 3000 BC according to the book referenced). Knowing something is dangerous for the last 100ish years means that at a minimum, smoking tobacco was done obliviously for 4,912 years (the first referenced study that tobacco was harmful being in 1912), or 98% of the time it's been in use. A gun's consequences have been known for 100% of the time it's been in use because it was developed for a specific purpose.
You hit it on the head when you said vehicles had the same potential for misuse, and could have equally dire consequences. My challenge to that is how many people are unable to use their vehicles in a safe manner and are allowed to continue to drive? Every time an elderly driver loses control of their automobile, it makes the news, yet we as a society don't take the actions needed to protect the population. South Park did a really good job on that one: http://en.wikipedia.org/wiki/Grey_Dawn This of course excludes the people charged with felonies associated with vehicles that are still allowed to drive. If someone is charged with assault with a firearm, I'm pretty sure their gun will get taken away immediately. I've known of cases where someone was convicted of vehicular assault, the defendant served several months of work release, and drove to work every day...
I'm an advocate for gun control. I'm also an advocate for people who are responsible and law abiding citizens who choose to own firearms despite the risks posed. And I'm a huge advocate for people following the law. I'd love to change things to make guns less accessible, but we're stuck with what we have until we as a country can agree on what is the appropriate thing to do. It'll take a 2/3 majority vote in congress and 3/4 of the states (38) to amend the constitution. It's never going to happen...
D-1519975.......
Considering some recent (arguably politically motivated) SCOTUS rulings ("Kelo v City of New London" & "Citizens United v FEC"come to mind), a Constitutional amendment be unnecessary. Whether something is "constitutional" or not seems increasingly in the eye of the beholder (court).
BTW---gun ownership (well regulated) is appropriate for this country. It's the "well regulated" part that incites debate.
Then it's just down to the politicians in individual municipalities enacting laws that are in the best interests of their constituents, which I eluded to as somewhat of a viable solution earlier.
We're close to being on the same page, and I'd love to be as optimistic as you are about the future of this issue. I'm just trying to be realistic about the goals we should be setting forth.
i commend this judge.
Remember that when your child, grandchild, neice or nephew meets this fate:
"Robinson and co-defendant Roderick Williams Jr. were convicted of murdering 17-year-old Erik Tornblom after the teen gave his killers a ride from a Fayetteville convenience store. Tornblom was forced to drive to a field, where he was shot with a sawed-off shotgun."
http://news.yahoo.com/judge-race-played-role-nc-death-penalty-case-152140015.html
And don't forget to come back here and read the comments from people like yourself who are glad that the murderer gets to spend his life on the taxpayer dime until he dies of old age.
It costs less to pay for a life sentence than capital punishment. If the economic element is the most important factor for you.
pjam: you should never assume that one persons idea of judgement is the same as another's. Life in prison is the harsher punishment in my eyes. Once a life is over the punishment has ended. I, personally, could never stand in a courtroom in front of another mother and demand that her child be murdered because her child murdered mine.
My logic is based on the fact that I would not know that my child was going to be murdered on a specific date so I only suffer at the moment of knowing and beyond. She would suffer for all the years leading up to, the day of and then all the years beyond. His or her mother does not deserve that fate on the incorrect premise that I will somehow feel better about my child's death when hers is dead. Nothing could make me feel better about my child's death so why would I intentionally inflict that pain and more on another woman who has done nothing to me?
That's a weird logic. If death is lesser punishment, then I don't see any criminals taking it willingly. Living itself is a privilege for murderers. They should be executed immediately once convicted. NO excuses!
Yeah you say that now, but if your son/daughter, in their TEENS were murdered I bet you wouldn't feel that way. My husband works at a prison; these scum LIKE living there for life. No bills, 3 meals a day, roof over their head, exercise rooms and yards. Hell, they can get college degrees online.
I can honestly say, without any doubt, that IF the perpetrator was caught before I got to him/her black, white, yellow whatever, I would absolutely watch that waste of oxygen fry. If someone can murder another person without any qualms, there is no rehabilitating them. I think every state in the US needs to have an "express lane" instead of death row. Their victims sure as hell didn't get to appeal their murders.
scoobydoo-dumb girl
What good is an education if a person is serving life in prison?? Geez!
Ed, obviously you dont get it. Shes explaining how many options they have and how easy it is for them in there. Check yourself before you call others dumb.
dAgOOCH?
You are a Gooch and a few other simple names too. How easy it is for them in there?? How many years did you serve? In there? I suppose eating 3 meals a day is an option, but they are not forced to eat all 3. You try 10 years or more inside prison and see how well you like the "many" options in there. Check that.
Hey Ed the motard:
Sounds like you have served time. I was discussing the benefits that prisoners receive. True, they do not need an education in prison, but the point I was making was that they are given opportunities that they would not be able to get outside of prison. That is why many do not care whether they ever get out. They have all they need right there. They, unlike their victims, get to live out their natural lives.
I believe LovinLife75 has more sense than does Weeks. Are we moving toward designer juries?
as digusting as it is-yes, race plays a part in EVERY part of the "justice system"
What's with the racial divisiveness?
Did he kill the guy or not???!!
Arthur, shame on you for being so logical.
No! He was white.
If he is a murderer and guilty, he should be executed.
How did race become a factor? Since 1976 when the death penalty was reinstated there have been 1292 people executed. Of those numbers 726 have been white and 443 have been black...I think they got this case backwards since almost twice as many whites have been executed. You sheep need to wake up and realize that these lawyers for murderers of color are lying!!!
Race became a factor when liberal U.S. media began treating news as any excuse to sensationalize race.
Jury of his peers is not in the Constitution of the United States. It just wants a jury that is impartial.
US Marine: Stop reprinting your lies and made up facts. You have been proven a racist and a liar by Sarah.
Go away and stop polluting the board.
US Marine and Pjam09
You are the only ones on here that have any sense whatsoever. I bet if any of them had a close family murdered, all they would worry about would be that a loved one was taken away from them. This waste of oxygen and his friend killed a 17 YR OLD teenager. That boy had his whole life ahead of him. The two slime balls didn't give a rat's a** about his life or theirs. I am with coleslaw I believe in the "death couch'. And the electricity to run it wouldn't cost as much as feeding and housing the scum that deserve it.
Hanging is cheap too.
You sacrificial subliminial sob! How many times are you gonna repeat 726 and 443??? Who gives a crap? You sound like someone who's opened a book and read a stat for the first time. You're humiliating and embarassing my military! STFU PLEASE!!
iman-the truth hurts don't it. Did you even check his statistics, no, i'm sure. And Sarah is a joke.
Iman quit being Sarahs lap dog. You have about as much common sense as her, which isnt much.
Fact: a teenager was murdered by Marcus Robinson, without a doubt.
Do we really need to go on? If so, then you really should check your morality.Due to this specific case even if the whole jury was in KKK uniforms it still doesnt dismiss the fact he KILLED someone in cold blood.
Maybe he killed him BECAUSE he was white, sounds reasonable since there doesnt seem to be any other motive. Now go choke on that racial garbage.
DaGooch, Marine puke, and Scooby-dumb girl,
Everyone remembers or have heard of the O.J. trial, one (1) black man that possibly got away with murder in the court system. That's one. You three mutual maggots seem to like stats so much, what about the number of white men who have gotten away with murder since George Washington called himself the "father" of this country? Get those stats and come back here and complain. White men have been murdering, stealing and raping from nations of natives, during the slave period, (some 500 plus years) during the cilvil rights era to the present.
One of the most horrific murders in our history, the Emmitt Till case. Google it please. That's one of many murders that went unjust. The most sinister part about that one, the accused was actually interviewed later in which they sold their confession to a reporter for a few carltons of ciggs and less than 500 dollars. Have fun investigating that stat and story of your peers history.
Just for your information, DEAD HEAD ED, I am a Native American. My people dealt with all the crap you and your forefathers threw at us, yet we don't get in your face about it nor do we whine and beg for reparations 300 years later. I am Cherokee, we lost a lot of people on the Trail of Tears. When a Native American is tried and found guilty, do you EVER hear about it? No. We were dumped onto reservations, our pride and dignity gone. Just think we went through that, and are still called derogatory names by whites. My husband's mother used to talk about "those Indians" up in Montana where they are from. I finally snapped one day and gave her azz a big piece if my mind. Damn milk white Swedish racist witch.
So if you think that I am racist, then you can rest assured I am not. I have friends and family of every color. My point is that if you are found guilty of taking another person's life (not self defense but premeditated murder) then you deserve death as well. I don't give a crap what damn color you are, you should have your life taken from you like you took the victim's life from them.
So I don't have to Google anything. My elders passed down the stories. Let me ask you this: What race are you? Since you are now racially profiling everyone. I believe that US Marine stated that he was half white half black. Yet he is behind giving this creep the death penalty. Race hasn't got a damn thing to do with it. It is the fact that he took a life. What part of that do you not get? You can call me anything you want, it's not like I haven't been called names before. But I don't believe that you could condone giving someone life in prison while one of your family is six feet under. As for stats, I did not quote any stats, so obviously you have a problem with either vision or your reading comprehension. But if the stats that others are quoting upset you so very much, then you are more than welcome to leave. It is not necessary to call others names and act like a child. From the supercilious and condescending tone that you have taken, I would have thought you to be an adult. But evidently you are a child or a disturbingly childish adult.
How is the Till case one of the most horrific murders in our history? Just comparing the Till case to this one, I think the poor white kid who never saw it coming makes this one more horrifiic. Before you get all up on your soapbox, I do NOT think it was in any way justified that Till lost his life for flirting, so don't even start with that. This white kid was doing a good deed and had no idea he would die in a very HORRIFIC manner. Till knew there would be fallout from his actions and did it anyway. BUT, it is the arrogance that is taught to certain races that got him killed. Everyone knows about racism in the 50s and yet somehow this kid thought he would get away with flirting with a white married woman? Arrogance and entitlement is what keeps racism alive and well. Murder should beget murder. Kill someone, any color, you should die and the victim's next of kin should get to flip the switch, pull the trigger, drop the floor from beneath their feet. The family of this poor kid, who was murdered in cold blood, is now going to help pay to make the waste of air comfortable for the rest of his life instead of putting their tax dollars toward his death. I don't care how you look at it and how many numbers get thrown around, racism is alive and well and it is getting turned the other way instead of being abolished! White people are not the ones running around screaming racism all time, white people are not the ones who keep racism actively moving forward, white people are not the ones acting is if they entitled to something in return for what heppened to our dead ancesters. White people didn't just steal people from their homes and turn them into slaves, they bought them from their own families also. I am sick to death of the slavery card, the racism debate, and all the backlash that comes with it. I can accept that white people, past and present, have done horrible things. And yes, I know that the majority of the evil-doers from our history pages were not black, but white. Truth is, I accept history for what it is....history. I would like to say that I look forward to a day when people can let go of the past and just live life, but that will never happen. Because we still live in a society that says because there was slavery and some white people were mean, I will have to pay for it. Even though I have never owned a human being and would never want to own another person. And yes, I know that the backwoods rednecks who still act like I can't go have lunch with the kindest friend I ever had because of her color, are idiots. The race war is, on every level, is white(a lot of ignorance) vs. black(a lot of entitlement) and when these opinions go away, so will racism.
Thank you pookiedbear, for reiterating what I myself was trying to get across. The point of the discussion was is it right to allow a convicted murderer, who had already been sentenced to have the death penalty removed and instead allow him to live out his remaining years. I do not care what race or sex they are. A woman can be just as cruel as a man.
But you are right. People are still holding grudges and making everything about race. If people would just put the past behind them, there would be a brighter future for all of us. As a Native American, my race has dealt with the taking of our lands, the murders and rapes of our people, and then being forced to live on a reservation. We lost everything: our way of life and our pride and dignity. I won't even get on that subject.
@scoobydoogurl,
"You all do not whine about reparations." THAT'S a good one! The casinos ARE the native americans "reparations." I do believe that certain housholds receive certain (big) checks (is it monthly?) from certain casinos. Don't flip the script! The Asians who were in held in the camps in WW2 were also paid reparations. The only reason black people will not be paid is because slavery is something whites always want to sweep under the rug. Unless, of course, it is the Holocaust, THEN it's all weeping and wailing, wringing of hands, rendering clothing and bringing up Anne Frank and Elie Weisel. Yea, right!
@pookiedbear,
I believe you are PWF (posting without fact(s) regarding poor Emmitt Till. He did NOTHING. The trailer trash female who accused him of winking and/or speaking to her said, at some point well after the murder, that she lied about the whole thing. Well, why not admit it then,? She was never going to be convicted of anything. Same with the POS males, they admitted to the killing well after the fact and suffered nothing. Lastly some posters have made mention of the fact that the victim in the article was but 17 years old, well so was Trayvon Martin. Also as some here have posted, a murder is a murder is a murder. Yet they defend Zimmerman. Go figure.
@scoobydoogurl,
My people lost everything too, including children! At some point, we were supposed to receive 40 acres and a mule, Hell, we did not even get that. We probably should demand a reservation!
i want my 40 acres and mule!!!!!!!!! i never owned a slave and am poor why dont i get anything? cause im white? wait way back in the day long before any of us was alive a black person may have killed my ancestors and/or enslaved them so give me something!!!!!
iman
USMarineSgt's facts are correct, whites are executed far more than blacks. You may not want to believe it, since it doesn't support you racist viewpoints, but check it out for yourself.
http://www.clarkprosecutor.org/html/death/usexecute.htm
Facts don't lie, racists such as yourself on the other hand do.
1Timothy 1:9
We also know that the law is not made for the righteous but for lawbreakers and rebels, the ungodly and sinful, for those who kill their fathers and mothers, murderers
I shortened it but you get the point.
Just as everything else I guess it's up to one's interpretation
i thought the process of jury selection was an effort by both parties in a case to select jurors they feel would be more inclined to see the case their way?
if that is the case then there was no legal wrong doing, unethical maybe but not illegal
Attorneys want juries that they can convince - not educated, impartial people who can think for themselves.
What do you suppose the outcome of this douche bag's trial would have been if he had a jury of his TRUE peers? 12 black men with his level of education, etc.?
Someone should try it!
Pete, if he had a true jury of his peers, that would be the dumbest jury ever.
PeteMT, a jury of his peers would not be legal, since he was 17 or younger when this crime was committed. How about that, huh? You are all for such equality, by your definition the jury should have been made up of teenagers, right?
Since we are all equal under the law, the issue of racial composition of a jury shouldn't be a consideration. If this judge feels the death sentence is immoral and should not be used, he should not pass judgement on this case.
But since Judge Weeks is a black man himself, I wonder if his race was the real biases for his decision.
I totally agree. By overthrowing the decisions of jury, the judge himself is exhibiting that he himself is racially biased. There is no ideal racial composition of a jury so that the decision can be impartial. The judge or the appeal is based on the assumption that only jury of same race as murderers/criminals can pass fair judgment.
Lower Expectations due to race.
Its called "Affirmative Action" ... and now there is a quota for letting murderers live based on race. Your taxdollars at work courtesy of self-loathing liberals and their constant desire to make themselves feel "special" no matter the expense to others.
So can white people who were discriminated against on basis of race use this new legislation too? After all what if there was a case of "reverse" discrimination (I hate that term, it is still discrimination no matter the race of the victimized party).
Bill H, nice attempt to gloss over reality. That is exactly the point, actually. Since we are all equal under the law, there was no basis for excluding Blacks. The exclusion of Black members at a far higher rate than any other "race" indicates abject race based selection. Where is that "equality" you referenced?
I believe this guy should still get the death penalty for what they did. But if the Prosecutors had done the right thing in the beginning he would not be getting off death row. So, I agree with the decision of the judge because it will hold officers of the courts accountable for their behavior. If your case is based on sound evidence and you truly believe in said evidence then apply the law fairly and this would not happen.
The prosecutors have victimized the teens family and memory again and have also tainted our justice system even more.
Sometimes - and in most cases - it is people getting to the judge.
Such as the case in which Bill Ayers was finally caught and indicted for his acts of Terrorism. Ayers got off because the judge claimed "prosecutorial misconduct" that was NEVER proven - and no tricks were needed - since the entire case had hinged on affidavits, eye-witness accounts and an undercover agent who had infiltrated the Terrorist group, The Weather Undergroud - and reported back about conversations on the Weather Underground's effective use of WMD, persons involved in making the bombs, what would be used, discussions about their next targets - that was later followed by actions = bombings.
USMarineSgt-2486236, according to your own posts, you have contradicted yourself, "You do know that on average the US executes 3 people a year right?" and then a few lines down you state, "Race has NEVER been a factor and the number of exectution prove it. 1292 inmates have been executed since 1976 when the death penealty was restored." according to my math, and trust me I am no genious, that averages out to be approximately 40.38 people per year.
Ad if you go back up you see that said I had a typo...it's 35.8 a year not 3...and you fail at math if you got 40.38
USMarineSgt-2486236........
3.58 might be a typo......358 might be a typo.....45.8 might be typo.......
"on average the US executes 3 people a year" is NOT a typo. It might be a mistake. It might be disinformation or misinformation....but, it's not a typo.
See: http://dictionary.reference.com/browse/typographical+error
I rarely use fractions, and you will see that above in my other posts. I only used fractions on your reply to show how wrong you were.
Good day moron
Sure USMarineSgt-2486236.......
JeffinMilw busted you......now, you are trying to weasel your way out.
We see a lot of your sort here on Newsvine. Some pretend to be professionals they are not. Others claim to be veterans and, even, heroes. Others claim to be a minority (usually when they are accused of racism).
Common are those who claim to be "independents" when they are anything but. Probably, the most common are those (such as yourself) who present wholly fabricated "statistics" to support their agenda. Usually, they (much as yourself) resort to name-calling when they are "outed".
Good job...JeffinMilw.
BTW USMarineSgt-2486236.....when can we expect to see you motoring about in your $300k flying car? Man, for that price, you could have a previously-owned Beech Bonanza that cruises twice as fast, carries twice the load, looks sharp, and is proven technology. Oh well, maybe you got confused by the "fractions"........or, a typo.