Racial Disparities and Injustice

Racial bias has infected the death penalty system in the United States since its inception. Study after study has confirmed that race, particularly the race of the victim, plays a decisive role in who is sentenced to die. Defendants accused of killing white victims are far more likely to face a death sentence than those accused of killing Black or Hispanic victims.

This disparity is not a relic of the past. In modern times, prosecutors are still more likely to seek the death penalty when the victim is white, reflecting a justice system that places unequal value on different lives. These disparities persist across states and jurisdictions, despite decades of litigation and supposed safeguards against discrimination.

The race of the defendant also matters. Black defendants are more likely to be sentenced to death than white defendants, especially when the victim is white. Studies have shown that implicit and explicit racial biases can influence jurors’ perceptions of dangerousness, remorse, and culpability.

In the landmark 1987 case McCleskey v. Kemp, 481 U.S. 279 (1987), the U.S. Supreme Court acknowledged statistical evidence of racial disparities in Georgia’s death penalty system but ruled that such evidence did not prove intentional discrimination in individual cases. This decision effectively sanctioned a racially biased system, setting a high bar for proving discrimination in capital cases.

Beyond the courtroom, historical patterns of racial violence and lynching intersect with modern capital punishment. Many states that once led the nation in lynchings now lead in executions, a continuity that scholars argue reflects the enduring legacy of racial terror. The death penalty has often been wielded as a tool of social control against communities of color.

Innocence cases further expose the racial injustices of the death penalty. A disproportionate number of death row exonerees are Black men wrongfully convicted of killing white victims. These cases often involve police misconduct, prosecutorial abuse, or coerced confessions, all rooted in racial prejudice.

The role of prosecutorial discretion also perpetuates racial disparities. Prosecutors decide whether to seek the death penalty, and their decisions are often influenced by racial dynamics, either consciously or unconsciously. This unchecked power contributes to the racial skew in capital punishment.

Juries too reflect systemic racism. In many jurisdictions, Black jurors are routinely struck from capital juries through peremptory challenges, leading to disproportionately white juries deciding life and death for Black defendants. This practice undermines the fairness and legitimacy of the system.

Efforts to reform jury selection practices have met with resistance, and courts have often been reluctant to address claims of racial discrimination. The result is a system in which racial prejudice continues to infect the most consequential decisions of the criminal justice process.

National polls show that people of color are more likely than whites to oppose the death penalty, perhaps reflecting deep awareness of the system’s racial injustices. Many faith leaders, civil rights organizations, and grassroots movements cite racial bias as a central reason to abolish the death penalty entirely.

Ending the death penalty is inseparable from the fight for racial justice. A system that disproportionately condemns Black defendants and devalues Black victims cannot be reformed through piecemeal measures alone. Abolition is a necessary step toward a more just and equal society.