Discrimination in Death Row: How it Shows with Sex and Race

Controversy surrounding the death penalty and capital punishment stems from the fact that it is not meted out equally among those who commit a death-eligible offense. Racial and sexual discrimination has historically been a factor in who is actually put to death. none This paper examines that discrimination, and the controversy that ultimately led to the creation of the Federal Death Penalty Act. Among all those who are sentenced to capital punishment, persons of color are enumerated disproportionately to their actual representation in the population. For example, African Americans are more inclined to get the death penalty when compared to Caucasians who have committed a similar crime. The same is true of persons who actually are put to death after being sentenced, over-representation among persons of color, especially African Americans. This pattern has punctuated the criminal justice system historically, dating back to the time when slave-ownership was still a legal practice. An examination of sex-discrimination reveals a similar pattern: women are less likely to be indicted, sentenced to death, and or execute than are men. Since the reinstitution of the death penalty, there have only been a handful of women that have been executed compared to men who have been executed. This paper aims to show how race and sex discrimination have clouded the arguments that support death penalty, and describes the manner in which the criminal justice system has evolved in an unfair manner, giving rise to ongoing debates regarding the constitutionality of the death penalty.