Sunday, January 27, 2008

Clinton Increased the Use of the Death Penalty Despite the Racial Imbalance of Its Application

As the Clinton’s continue their Two for One campaign to get Hillary elected, it should be remembered that their prior Two for One Presidency dramatically increased the Death Penalty, despite the overwhelming bias against Blacks in its application.

Race influences . . .
A 1990 U.S. General Accounting Office report revealed "a pattern of evidence indicating racial disparities in charging, sentencing and imposition of the death penalty." In its 1997 call for a moratorium on executions, the American Bar Association concluded that "racial discrimination remain[s] in courts across the country."

. . . who gets charged

The local District Attorney (D.A.) makes the decision to pursue a death sentence. A 1998 Death Penalty Information Center report reveals that 98% of the D.A.s in death penalty states are white.

On the federal level, the pattern of racial bias in capital prosecutions is striking. A recent Justice Department study of federal capital cases from 1995 to 2000 found that 74% of the defendants were people of color. Upon release of the study, Attorney General Janet Reno said she was "sorely troubled" by such stark racial disparities.

. . . who gets a death sentence
Over half of those on death row are people of color. Black men alone make up over 42% of all death row prisoners, though they account for only 6% of people living in the U.S..

. . . who gets executed
Nearly half of those executed since 1976 have been people of color, with blacks alone accounting for 35%. All told, 82% have been put to death for the murder of a white person. Only 1.8% were white people who had been convicted of killing people of African, Asian, or Latin descent. Meanwhile, people of color are the victims in more than half of all homicides.

Congress and the President
Congress and the President also have refused to remedy the racism inherent in death penalty sentencing. Though the Racial Justice Act (RJA) has been introduced four times, Congress has yet to pass it. The RJA would allow prisoners to challenge their death sentences using standards normal in civil racial-discrimination cases.

Thanks largely to the Congressional Black Caucus, a weak version of the RJA was passed by the House in 1994, but the measure never reached the Senate. A final bill signed by President Clinton expanded the federal death penalty from two to 60 crimes and established procedures for resuming federal executions.

Then, in 1996, Congress passed and Clinton signed the Antiterrorism and Effective Death Penalty Act. The law drastically limits federal court review of death row appeals. At the same time congress gutted public funding of legal aid services for death row prisoners - which, for most, offer their only legal representation.

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Source:
Equal Justice USAA project of the Quixote Center
http://www.ejusa.org/moratorium_now/broch_race.html

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