The Executioner’s Bias

When, in 1972, the Supreme Court in Furman v. Georgin revised the standards for state capital-punishment laws, effectively making the death penalty illegal, the Court’s rationale was that the death penalty had been imposed arbitrarily and capriciously, especially in that blacks were more likely to be executed than whites who committed Similar crimes After the ruling, states began rewriting their death-penalty statutes. In 1976, the Supreme Court cleared the way for executions to resume under stricter guidelines incorporating extra layers of protection against discrimination. Today, execution is still discriminatory. But now whites are far more likely to be executed than blacks.

Seven of the first eight executions after the 1976 decision were of white murderers. Although it would be absurd to charge conscious conspiracy, it has been argued that this disproportion was a symbolic response to the accusations of racism that had forced rescission of the death-penalty laws in the first place. Alter those first few executions, things evened out a bit, but whites continue to be executed at a disproportionate rate.

LJ

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Lawrence W. Johnson

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When, in 1972, the Supreme Court in Furman v. Georgin revised the standards for state capital-punishment laws, effectively making the death penalty illegal, the Court’s rationale was that the death penalty had been imposed arbitrarily and capriciously, especially in that blacks were more likely to be executed than whites who committed Similar crimes After the ruling, states began rewriting their death-penalty statutes. In 1976, the Supreme Court cleared the way for executions to resume under stricter guidelines incorporating extra layers of protection against discrimination. Today, execution is still discriminatory. But now whites are far more likely to be executed than blacks.

Seven of the first eight executions after the 1976 decision were of white murderers. Although it would be absurd to charge conscious conspiracy, it has been argued that this disproportion was a symbolic response to the accusations of racism that had forced rescission of the death-penalty laws in the first place. Alter those first few executions, things evened out a bit, but whites continue to be executed at a disproportionate rate.