Can Capital Punishment Survive If Black Lives Matter?
Drawing upon empirical studies of racial discrimination, the Movement for Black Lives platform calls for the abolition of capital punishment. The authors defend the Movement’s claim that the death penalty in the United States is a “racist practice” that “devalues Black lives.” They first sketch the jurisprudential history of race and capital punishment in the United States, wherein courts have occasionally expressed worries about racial injustice but have usually called for reform rather than abolition. They argue that the racial discrimination at issue flows in part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law.