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Brothers Discuss Death Penalty

by TChris

There's no doubt that affluent defendants who can afford to mount a strong death penalty defense will probably be spared a verdict of death, while those with fewer resources (particularly in states that don't fund an adequate defense for the indigent) are more likely to be executed. That's the message being spread by David Kaczynski, brother of Unabomber Ted Kaczynski, and William Babbitt, brother of Manny Babbitt, "a grade-school dropout and paranoid schizophrenic, scarred by Vietnam, who was executed in California in 1999 after a defense lawyer mounted no defense at all."

Race is just as important as income in the inequitable implementation of the death penalty.

Study after study has shown that no matter what the offense, blacks and whites suspected of similar crimes are charged differently, convicted at different rates and sentenced differently.

In a 2000 report, for instance, Human Rights Watch analyzed U.S. Justice Department data and found that while blacks make up only 13 percent of the population, they are 30 percent of those arrested, 41 percent of those in local jails and 49 percent of those in prison. When the organization revisited the issue three years later, little had changed.

It's an international embarrassment, as only the most rabid right-wing talk show fans would suggest such numbers reflect inherent differences in the races. How long would such a system last if it disproportionately treated whites the way it treats blacks? ...

There are lots of people, black and white, who deserve to be in prison and deserve to be there for a long time. The problem is we're still pretty lousy at figuring out who they are. The data show we too often use race and class as proxies for criminality, and rely on lazy, biased or undertrained cops and prosecutors.

The use of DNA to overturn so many death penalty convictions and the resulting moratoriums on capital punishment indicate we've slowly come to recognize that - at least in those instances.

But after seeing the flaws exposed in capital punishment cases, why should we think the rest of the criminal justice system is working any better?

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    Re: Brothers Discuss Death Penalty (none / 0) (#1)
    by Lww on Thu Sep 28, 2006 at 03:40:49 PM EST
    That was a flimsy article TChris. CP, IMHO is reserved for the underclass. Rich people just don't get fried. Why muddy the waters with race? Why, because rich white liberals can be let off the hook? Can't you feel guilt about some poor redneck white guy getting slammed? Run another story with comprehensive data on race as a determining factor. I'd like to see it.