Tag: Criminal punishment and discrimination
Criminal punishment and discrimination
The capital sentencing decision is implemented on serious types of crimes such as murder. The capital punishment system is affected by racial biases and prejudice. The eligible defendants for capital punishment still reflect racial bias in the objective standards. In Mclesky, racial discrimination holds a significant role in capital punishment. Powell argues that accepting racial bias taints capital sentencing decisions insinuates that other factors such as gender discrimination affect capital decisions (Kirchmeier,2014). However, racial and gender discrimination apply in the way the death penalty is conducted.
Numerous studies conducted conclude that capital punishment is disproportionately used against people of color. Moreover, this abhorrent practice was permitted by the court of law. In 1987. the U.S Supreme Court of law ruled the Mclesky vs. Kemp case that racial disparities in the death penalty do not violate individuals’ constitutional rights. Gender bias applies to the death penalty based on the historic notion of chivalry. The verdict is based on stereotypic notions about women’s innate abilities and their capacity for violence (Rapaport,2011).
Powel claims that there is no limiting principle in criminal punishment. Lack of limiting principles subjects anyone to the death penalty sentence. Justice Steven’s concludes that the death penalty should be limited to the worst of the worst offenses. Both these conclusions prevent the court system from repairing the major problems with capital punishment. Sentencing individuals based on racial disparities or any arbitrary variable concludes to injustice and wrongful convictions (Kirchmeier,2014). Mclesky conclusion is based on numerous studies and proof, while Powell’s and Justice’s summaries are based on limited opinion. The Supreme Court system has recognized the connection in capital and race patterns throughout history. For example, many African Americans were executed rape rimes between 1937-1967. However, the court avoids addressing these death penalty issues.
Kirchmeier, J. L. (2014). The Supreme Court’s Legacy on Tace and Capital Punishment in McCleskey v. Kemp. Hum. Rts., 41, 14.
Rapaport, E. (2011). The death penalty and gender discrimination. Law and Society Review, 367-383.