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Subject: So much for racial equality... The so-called Racial Justice Act

Written By: Macphisto on 07/12/09 at 9:22 pm

A black defendant. A white victim. For Stafford, race wasn't an issue. But for critics of the death penalty, it can't be ignored.

That's the thinking behind a bill under consideration in the state legislature that could change the way the death penalty is applied in North Carolina. The bill, known as the Racial Justice Act, would allow judges to throw out the death penalty in a specific case if they found a trend indicating racial bias in other cases. The bill is up for a key vote in the N.C. House this week.

Supporters say the bill is needed to address a legacy of racial disparities in how the death penalty is applied, both nationwide and in North Carolina. In their view, no single death-penalty case can be fairly evaluated without considering the historical relationship of race and capital punishment.

"You can't just look at an individual case, because each capital case is a microcosm of the entire criminal-justice system," Mark Rabil, a capital defender in Winston-Salem, said.

As a legal matter, the argument behind the Racial Justice Act is controversial. It was rejected by the U.S. Supreme Court in 1987. And it's rejected by most prosecutors, who insist that cases should be decided only on their own facts, without reference to historical patterns.

The question now before state legislators is, in the narrowest sense, a strict policy question. But it's also fraught with issues of politics, race, and life and death. The question boils down to this: In a state that uses capital punishment, should a statistical pattern of racial disparities be enough to preclude the use of the death penalty against someone accused of first-degree murder?


http://www2.journalnow.com/content/2009/jul/12/racial-justice-bill-that-may-be-voted-on-this-week/news/

http://www2.journalnow.com/exposure/full/2009/07/12/510_racial-graphic.jpg

Leave it to my state to turn the death penalty into a race issue.  So, since when is it right to put forth laws that make it much easier to throw out the death penalty if the defendant is non-white?

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: MaxwellSmart on 07/13/09 at 12:14 am

Get rid of the damned medieval death penalty once and for all and nobody has to worry whether it's a racial issue or not!

Sheeeesh!
::)

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: LyricBoy on 07/13/09 at 8:44 am



http://www2.journalnow.com/content/2009/jul/12/racial-justice-bill-that-may-be-voted-on-this-week/news/

http://www2.journalnow.com/exposure/full/2009/07/12/510_racial-graphic.jpg



Hmm... Some interesting statistics going on here.

If I simply work the numbers, it would appear that there are alot more blacks on death row (proportionate to their % of NC population) because they are getting convicted of murder more often, regardless of whether the victim is black or white.


If every black Death Row resident had killed a white victim, their proportion in Death Row would be 21.7% x (2.6/1.6) = 35.3%, instead of the 54% cited in the pie charts
But we know that the majority of murder convictions (of any race) is "within race" crime (ie, white kills a white, black kills a black), so the statistics are even more distorted, indicating either (a) more murders created by blacks, or (b) a higher general conviction rate for blacks accused of murder.


So in order to get a fuller list of statistics going here, we also need to see a breakdown of "what % or murder cases are prosecuted" based on white-white, white-black, black-white, and black-black, and then the successful prosecution/conviction rates for each category.  In this manner a more significant computation can be done.  Additionally we should see in each category what % of the murders were prima facea eligible for Capital prosecution, to see if prosecutors seek the death penalty any less for one race versus the other.

It IS clear from the presented stats that in NC, if you are going to kill someone, you have a better chance of getting the death penalty by killing a white guy though.

Interestingly it seems that the Asians in North Carolina are either much more behaved than all of the other races, or they have better lawyers.

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: danootaandme on 07/15/09 at 5:59 pm

Death Penalty has always been a race issue, and it will continue to be as long as it deflects from the economic issue.  When's the last time they fried a trust fund? 

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: MaxwellSmart on 07/15/09 at 6:45 pm


Death Penalty has always been a race issue, and it will continue to be as long as it deflects from the economic issue.  When's the last time they fried a trust fund? 


Well, that's just it.  There's the race issue and there's the money issue.  I've always said if O.J. Simpson was just Oscar Simpson, a bus driver from South Central, who stabbed his white wife and her white friend to death, he would have gotten the death penalty PDQ.
::)

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: Macphisto on 07/15/09 at 7:53 pm


Death Penalty has always been a race issue, and it will continue to be as long as it deflects from the economic issue.  When's the last time they fried a trust fund? 


It's a class issue then, and NOT a race issue.  Just because blacks are disproportionately poorer doesn't mean they are being executed because they are black.  They're being executed because they can't afford better lawyers.

If whites were disproportionately poorer, then you'd see the same happen with them instead.

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: LyricBoy on 07/15/09 at 8:10 pm


Death Penalty has always been a race issue, and it will continue to be as long as it deflects from the economic issue.  When's the last time they fried a trust fund? 


How do you explain the fact that if a black dude is murdered, a white defendant and a black defendant have an equal chance of getting the death penalty?  Are we saying that the only whites who kill blacks are poor?

When I read ther statistics (sparsely presented in this thread as they are) it seems to me that the point of racism in the Death Penalty seems to be regarding the race of the VICTIM.  Kill a white guy and the chances are 2x-3x as high that you are condemned as opposed to killing a black guy.

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: philbo on 07/16/09 at 7:27 am


How do you explain the fact that if a black dude is murdered, a white defendant and a black defendant have an equal chance of getting the death penalty?  Are we saying that the only whites who kill blacks are poor?

When I read ther statistics (sparsely presented in this thread as they are) it seems to me that the point of racism in the Death Penalty seems to be regarding the race of the VICTIM.  Kill a white guy and the chances are 2x-3x as high that you are condemned as opposed to killing a black guy.

er... isn't that saying that the death penalty *is* a race issue?  In effect, it's saying that the judicial process on average thinks that a black man's life is worth less than a white man's... that kind of sounds like a race issue to me.

After reading this, I went googling for something that came up a few years ago: a bit of research that showed that black men were significantly more likely to be convicted than white men on the same standard of evidence - basically that benefit of the (reasonable) doubt is more likely to be given to a white man.  I can remember discussing it (I think it was on this forum), but can't spot the article I was looking for.  I'll have another look when I've got a bit more time, because I believe it is a very pertinent bit of research as a reason behind this sort of act: if the justice system itself is biased in favour of a white majority, any attempt to level that playing field will seem like an attack on them - yet what's the option?  How do you change the system so that all *are* equal in the eyes of the law.


Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: LyricBoy on 07/16/09 at 7:47 am


When's the last time they fried a trust fund? 


That was Bernie Madoff's department.  He fried many a trust fund.  ;D

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: Macphisto on 07/17/09 at 10:46 pm


er... isn't that saying that the death penalty *is* a race issue?  In effect, it's saying that the judicial process on average thinks that a black man's life is worth less than a white man's... that kind of sounds like a race issue to me.

After reading this, I went googling for something that came up a few years ago: a bit of research that showed that black men were significantly more likely to be convicted than white men on the same standard of evidence - basically that benefit of the (reasonable) doubt is more likely to be given to a white man.  I can remember discussing it (I think it was on this forum), but can't spot the article I was looking for.  I'll have another look when I've got a bit more time, because I believe it is a very pertinent bit of research as a reason behind this sort of act: if the justice system itself is biased in favour of a white majority, any attempt to level that playing field will seem like an attack on them - yet what's the option?  How do you change the system so that all *are* equal in the eyes of the law.


If you were only allowed to have lawyers provided by the state, there would certainly be more equality in defense representation.

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: Keyboard Smoothies on 07/25/09 at 6:41 pm


Get rid of the damned medieval death penalty once and for all and nobody has to worry whether it's a racial issue or not!

Sheeeesh!
::)


Absolutely! Americans are such nice people for the most part, but the fact the majority of us are still DP fans ... that saddens me.

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: Macphisto on 07/26/09 at 10:35 am


Absolutely! Americans are such nice people for the most part, but the fact the majority of us are still DP fans ... that saddens me.


I understand where you're coming from.  I'm only against the death penalty because I distrust the government.  However, I believe that the reason why it's accepted in this society is because of the severity of crime here.

We have far more murders and rapes per capita than most other First World nations.  This is probably because of our significant poverty.  Nevertheless, in an environment where so much violence occurs, it's natural for people to be more supportive of capital punishment.

Nearly all of the other countries in the world with comparable crime to ours (or worse) have the death penalty.

By the same token, nearly all of the countries in the world with less crime than ours don't have it.

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: Keyboard Smoothies on 07/26/09 at 2:01 pm


I understand where you're coming from.  I'm only against the death penalty because I distrust the government.  However, I believe that the reason why it's accepted in this society is because of the severity of crime here.

We have far more murders and rapes per capita than most other First World nations.  This is probably because of our significant poverty.  Nevertheless, in an environment where so much violence occurs, it's natural for people to be more supportive of capital punishment.

Nearly all of the other countries in the world with comparable crime to ours (or worse) have the death penalty.

By the same token, nearly all of the countries in the world with less crime than ours don't have it.




One way to look at it, is that the death penalty is a response of "good people" anger to "evil people" crime. But what if the support for the death penalty and high crime actually some from the same source - a society that promotes violence?

I think that if we abandoned the death penalty, crime would actually drop, not rise.

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: LyricBoy on 07/26/09 at 4:00 pm



One way to look at it, is that the death penalty is a response of "good people" anger to "evil people" crime. But what if the support for the death penalty and high crime actually some from the same source - a society that promotes violence?

I think that if we abandoned the death penalty, crime would actually drop, not rise.


I do nto see the death penalty as either a deterrent or a promoter of crime.

Somewhere along the line, somebody forgot that the primary purpose of punishment for a crime is, well, punishment.

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: Macphisto on 07/26/09 at 4:29 pm



One way to look at it, is that the death penalty is a response of "good people" anger to "evil people" crime. But what if the support for the death penalty and high crime actually some from the same source - a society that promotes violence?

I think that if we abandoned the death penalty, crime would actually drop, not rise.


I disagree.  While I agree with your assumption about our culture promoting violence, I do not believe the death penalty deters or encourages crime.  It simply satisfies the need for vengeance among the public.

Crime will only drop through lowering wealth disparity in America.

Subject: Re: So much for racial equality... The so-called Racial Justice Act

Written By: Macphisto on 07/26/09 at 4:30 pm


I do nto see the death penalty as either a deterrent or a promoter of crime.

Somewhere along the line, somebody forgot that the primary purpose of punishment for a crime is, well, punishment.




I definitely agree with your first statement, although I believe we should have more of a focus on rehabilitation for less serious crimes.

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