A North Carolina judge has
overturned a death penalty conviction after concluding from statistical
research that the prosecution focused on removing African Americans from the
pool of potential jurors. The New York Times reports on this important decision
here: http://nyti.ms/HSQZNC
One of the many reasons for
opposing the death penalty is racial bias in its implementation. From the
research on this issue, the most pervasive form of racial bias appears to
involve the race of the victim. Simply put, when whites are victims of
homicides, prosecutors are more likely to seek the death penalty, and jurors
are more likely to decide on a sentence of death, then when African Americans
are victims. In effect, prosecutors and jurors are placing more importance on
the life of a white person than on the life of a black person.
When hearing about this type
of evidence, students sometimes wonder whether prosecutors and jurors are
deliberately making their decisions on the basis of the victim’s race. We may
never know the answer to this question, but much research shows that people
often take someone’s race into account when making decisions without
necessarily being aware of their racial biases. Scholars refer to this bias as “implicit racism” or
“unconscious racism.” Thus even though prosecutors and jurors may feel they are
acting without racial bias, their racial prejudices may be unwittingly
affecting their decisions in capital cases. The bottom line remains: the
imposition of the death penalty is often racially discriminatory.