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Death Penalty Discrimination We have looked at misunderstandings of discrimination,

Death Penalty Discrimination We have looked at misunderstandings of discrimination, the concept of institutional discrimination, and basic patterns of discrimination -- Now the research data:. Death Penalty Discrimination The evidence of race/ethnic discrim -- 4 key patterns

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Death Penalty Discrimination We have looked at misunderstandings of discrimination,

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  1. Death Penalty Discrimination We have looked at misunderstandings of discrimination, the concept of institutional discrimination, and basic patterns of discrimination -- Now the research data:

  2. Death Penalty Discrimination The evidence of race/ethnic discrim -- 4 key patterns 1. M/W cases over-represented 2. M/M cases under-represented 3. Not a result of case differences 4. Disparities result from prosecutor decisions - discretion

  3. Basic patterns by racial combination of offender and victim (Gross & Mauro)

  4. Georgia - 22 to 1 ratio of BW to BB

  5. Same data arranged as ratios of death sentences to homicides

  6. Georgia data arranged as ratios

  7. If case characteristics accounted for the differences, then percentages for B/W and W/W should be about the same.

  8. Oklahoma data singled out - if no discrim B/W and W/W should be similar

  9. Juries aren’t responsible for the main disparities - prosecutor decisions are!

  10. A closer look at the patterns ....

  11. Overall patterns of discrimination are entirely a result of prosecutor decisions!

  12. A closer look at these patterns (Baldus)

  13. Similar patterns show up in execution data

  14. Executions start with W/W 1977 - 1984 (avoiding racism?) B/W catch up by 1987, but then drop in 1988! Why? W/W again after McCleskey v. Kemp, with B/W catching up again. Note: Few B/B throughout (Min/Min most homicides) Note: No W/B until 1991 (14 years!) “Other” and American “Color Line” Georgia patterns

  15. W/W 37 B/B 6 W/B 0 B/W 95 Inferring patterns from data: (Note: Mult Offs & Vic)

  16. WW2 military executions (Dr. Robert Lilly’s research) Similar basic patterns!! Also, prosecutors, not juries!

  17. A closer look ....

  18. “We have three classes of homicide” I was told by the chief of detectives in a large southern city. “If a n____ kills a white man that’s murder. If a white man kills a n____ that’s justifiable homicide. If a n____ kills another n____ that’s one less n____.” (Raymond Fosdick, American Police Systems, 1920)

  19. Next The DP and special populations: Juveniles Women Mentally Retarded (Mentally Ill)

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