Fair and equal before the law?
Fair and equal before the law?
We all expect justice to be blind – otherwise it’s not justice at all. Yet geography, poverty, and race continue to determine who lives and who dies. When the public sees this level of disparity in the death penalty, it compromises the integrity of the entire criminal justice system, sending a message that some lives are more valuable than others.
A raw deal for the poor: We’ve heard it in the movies a thousand times – “You have the right to an attorney.” But there is little guarantee that poor defendants will receive a competent one. Poor defendants sentenced to die across the U.S. have been represented by attorneys who were drunk, asleep, or later disbarred. Others have been represented by collections or tax attorneys or even lawyers fresh out of law school. Some court-appointed attorneys can be so beleaguered or indifferent that they don’t even bother to defend their clients. Over 90% of those on death row across the country were too poor to afford their own attorney.
Even lawyers who want to do a good job for their clients often lack the resources to do so. Courts frequently deny funds for investigators, experts, or other witnesses required to mount an adequate defense. And attorney fees in many states are capped so low that lawyers must choose between cutting corners or earning minimum wage.
A lottery of geography: Where a crime occurs can play as significant a role as the nature of the crime. A similar murder might get 40 years in one county and death in the next county over.
In Tennessee, for example, nearly half of death row comes from Memphis’ Shelby County. A quarter of Ohio’s death row comes from Hamilton County – even though less than 10% of Ohio’s murders occurred there. These high death-sentencing counties are more susceptible to wrongful conviction and other errors, according to a Columbia University study. 1 These high death sentencing counties are more susceptible to wrongful conviction and other errors, according to a Columbia University study. 2
Racially skewed: Race is often a silent factor in death sentencing. Yet it infects everything from who gets charged to who sits on the jury to what sentence is handed down. The race of the victim, for instance, has a profound effect on which crimes receive the death penalty. Over 80% of those executed in the U.S. were convicted of killing a white person, even though African Americans are the victims in half of all homicides.
- 1. Richard Willig and G. Fields, "Geography of the Death Penalty," USA Today, December 20, 1999.
- 2. James Liebman et al. A Broken System, Part II: Why There is So Much Error in Capital Cases, And What Can be Done About It, Columbia University, 2002. The study found that jurisdictions with higher rates of death penalty sentencing are more prone to serious error.
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