Race and the Death Penalty

The relation of race and the death penalty has been a consistent issue in the United States in what is known as the “modern era” of capital punishment. The modern era is defined as being from 1972 to the present, following the Furman v. Georgia decision. Supreme Court cases examining race and the death penalty have considered the application of the death penalty. Issues and concerns have been brought up about whether using statistical evidence is appropriate to determine racial bias that can be used in court cases, the role of a mandatory death penalty, and concern over striking jurors from the jury pool due to race. A wealth of empirical evidence has been done in different areas of the country and has shown some evidence of bias or disparities based on various statistical analyses. One of the more common issues found is issues regarding the race of the defendant (i.e., Black defendant or Black male defendant), the race of the victim (i.e., White victim or White female victim), or interracial dyad (i.e., Black defendant and White victim) that impacts whether the death penalty is sought or imposed. Another concern is wrongful convictions and exonerations. The criminal justice system is not infallible, and this is no more so apparent when deciding to give a death sentence. Prior research has shown that Black defendants are more likely to be involved in cases later found to be wrongful convictions or exonerations. Due to the issue regarding race and the death penalty, two states Kentucky and North Carolina, have created Racial Justice Acts. The creation of these two acts is a good sign of efforts to deal with race and the death penalty. However, how its use and when shows that there is much more work is needed.

What Makes Race Salient? Juror Decision-Making in Same-Race Versus Cross-Race Identification Scenarios and the Influence of Expert Testimony

Research demonstrates that juror race may interact with defendant race to influence decision-making, but little work has investigated interactions with eyewitness race. This study tested whether Black/White jurors would produce different perceptions/decisions when faced with a Black/White defendant identified by a Black/White eyewitness. We also examined the influence of expert testimony regarding the cross-race effect in two floating cells. Mock jurors read a trial transcript, provided a verdict and trial party ratings, and indicated perceived race salience. Black jurors were more likely to convict a White defendant identified by a Black eyewitness than a Black defendant identified by a White eyewitness. Expert testimony was valued more highly when the defendant was Black, but had no direct influence on verdict; however, it raised race salience perceptions (as did presence of Black trial parties). Perceived race salience was associated with lower rates of conviction, suggesting that race and expert testimony have potential courtroom implications.

Racial Composition of Couples in Battered Spouse Syndrome Cases: A Look at Juror Perceptions and Decisions

This study manipulated the race of the defendant (wife) and the victim (husband)—White/White, White/Black, Black/Black, and Black/White—in a murder case involving a history of intimate partner violence (IPV) to examine the potential prejudicial impact of race on juror decision-making. A total of 244 jury-eligible American community members read a trial transcript of a murder case in which the defendant claimed self-defense using evidence of battered spouse syndrome. Participants provided a verdict, responsibility attributions, and their perceptions of the scenario. Findings revealed that the Black defendant (wife) was more likely to be found not guilty by reason of self-defense, and female jurors were overall more likely to acquit the defendant (wife) than were men. These results contribute to the scarce literature on the influence of race on perceptions of legal proceedings involving IPV.

A Further Examination of the Liberation Hypothesis in Capital Murder Trials

The liberation hypothesis argues that the effects of extra-legal factors such as victim and/or offender race on sentencing outcomes are conditioned by legally relevant factors, particularly the severity or the strength of the case. Where the evidence is weak or contradictory or the offense is less severe, decision makers are most liberated to use extra-legal factors in reaching their decisions. This study uses data on a large sample of capital murder trials in North Carolina from 1977 to 2009 to test this hypothesis. The results show that the effects of extra-legal factors (specifically, the race of offender–race of victim dyad) vary across levels of offense severity, but in a complex manner. Most notably, Black defendant–White victim dyads demonstrated an increased probability of death sentences at high levels of severity, but decreased probabilities at lower levels of severity.

"Hang Them if They Have to be Hung": Mitigation Discourse, Black Families, and Racial Stereotypes

This article examines how mitigation discourse fails to address the racial implications of presenting to white jurors a narrative of a black capital defendant's dysfunctional family life. Given the plethora of racist configurations in the public sphere of "the black family"——signified most perniciously through the figure of the "welfare queen"——the telling of a black defendant's dysfunctional family life may in fact reinforce what white jurors "already know" about black families. Indeed, since "the black family" figures not as an object of sympathy but of contempt, presenting uncritically mitigating evidence of a black capital defendant's family story may, in the end, provide to a white-dominated capital jury an opportunity to punish not only the black defendant but also "the black family" writ large.

Looking Deathworthy

Researchers previously have investigated the role of race in capital sentencing, and in particular, whether the race of the defendant or victim influences the likelihood of a death sentence. In the present study, we examined whether the likelihood of being sentenced to death is influenced by the degree to which a Black defendant is perceived to have a stereotypically Black appearance. Controlling for a wide array of factors, we found that in cases involving a White victim, the more stereotypically Black a defendant is perceived to be, the more likely that person is to be sentenced to death.