3A
NEWS/^e Clarlstte $a«t
Thursday, August 3, 2006
Stereotypes factor in death sentence deliberations
Continued from page 1A
how stereotypical each of the
defendants looked in the pic
tures by noting facial fea
tures such as lips, nose and
skin tones. Each feature was
rated on a scale of one (not at
all stereotypical) to 11
(extremely stereotypical).
Fifty-seven percent of the
defendants considered by
the participants as being
extremely stereotypical had
already received a death sen
tence by juries. Only 24.4
percent of defendants consid-
not at aU stereotypical
had received the death sen
tence.
The fact that the issue of
race continues to be of great
significance in tiie outcomes
of capital and other criminal
cases does not come'as a sur
prise, according to death
penalty opponents.
"Sadly, this is not a new
finding,” said Christina
Swams, director of the
NAACP Legal Defense and
Educational Ftmd Criminal
Justice Project.
The findings will do little to
assuage the concerns of
death row inmates who
believe they have been sen
tenced unfairly bec-ause of a
key precedent set in the 1987
U.S. Supreme Court decision
inMcCleskeyv Kemp.
In that case, the l%h court
rejected the arguments of
Warren McCleskey a black
man convicted of killing a
white Georgia police officer,
even though his defense pre
sented statistical data which,
proved that blacks convicted
of killing whites in the state
of Georgia were four times
more hkely to be sentenced
to death than those who
were convicted of kOling non-
Whites.
"McCleskey v Kemp was
one of the most rigorous
examinations of the effects of
race on capital sent«icir^,
and the defense’s arguments
were similar to findir^ in
this study” Swams added.
In fact, the majority opinion
in the McCleskey case stated
that "apparent disparities in
sentencing are an inevitable
part of our criminal justice
system.” Moreov^, the Court
also argued that rather than
relying on broad statistical
data to illustrate patterns of
discrimination in the crimi
nal justice system. Black cap
ital defendants must provide
"exceptionally clear prooF’
that the people involved in
their specific cases had dis
criminated against them in
seeking the death penalty
The decision delivered a
debUitating blow to death
row inmates seeking to over
turn their fatal sentences on
the grounds that the sen
tences were racially motivat
ed.
McClesky v. Kemp has
sin^ been used as the prece
dent to overturn appeals fium
death row inmates in state
Supreme Courts and Courts
of Criminal Appeals in
Illinois, Oklahoma, Missouri
and South Carolina, accord
ing to a 2003 Amnesty
International report on the
continued significance of race
in capital cases.
The findings of Eberhardt’s
research underscore how
deeply rooted the negative
perceptions of stereotypes
and black physical traits are
in the psyche of many jurors.
FHuther, they illustrate how
those perc^tions affect the
outcomes of capital cases.
According to the study, "in
actual sentencing decisions,
jurors may treat these traits
as powerful clues to death
worthiness.”
Defendants -with stereotypi-
cally black features receive
harsher sentences in other
criminal cases, too. The study
foimd that blacks 'with stereo
typical features spend up to
d.ght months longer in prison
for felonies.
"In modem history, the
state of Tfexas,” according to
NCADP’s EDiot, "has only
executed one or two white
defendants for the killing of a
black person.”
Between 1976 and April
2006, the state of Tbxas exe
cuted 78 black defendants for
the killing of a white victim,
accordii^ to the spring 2006
quarterly report by the
NAACP Legal and
Educational Defense Fiind.
Texas has executed only
two white defendants for the
killing of victims of mixed
race between 1976 and 2006,
according to that same
report. Those statistics
expose blatant flaws in the
criminal justice system,
according to some critics.
"It sends a powerful mes
sage in the criminal justice
system that the Lives of
whites are more valuable
than those of blacks,” Elliot
said.
Eberhai'dt’s report also
notes that people, not just
whites alone, "associate black
physical traits with criminal
ity”
• Stfll, many death penalty
opponents are optimistic that
through continued advocacy,
ppHcy change and legislative
reform, the "apparent dispar
ities” that the US Supreme
Court acknowledged in 1987
as an "inevitable part” of the
criminal justice system can
be eliminated.
‘There’s always hope,” said
Swams. "The NAACP Legal
Defense Fund is always look
up at ways to successfully
attack and rernedy those dis
parities.”
She points to Kentucky’s
Racial Justice Act as a model
that should be considered by
federal and state legislatures.
That act allows capital
defendants to use statistical
data as evidence to prove that
racial discrimination influ
enced the outcomes of their
individual capital sentences.
It was signed into law in
Kentucky in 1998, 11 years
after the McCleskey decision.
Supporters of a nation-wide
Racial Justice Act argue that
some current death row
inmates who believe their
death sentence were racially
motivated ■wall be able to dte,
for example, the statistical
findings of Eberhardt study
to prove that capital defen
dants with more stereotypi-
caUy black features receive
the death paialty more fie-
quently than other capital
defendants.
‘We need a national racial
justice act,” said Elliot. ‘The broader context of racial dis-
act 'wfll make it easier to tie crimination.”
individual cases into the
KEZIAH’s FURNITURE
BIG SALE
Large Pillow - Top Queen
Mattress Set $299
Sofas, Bedroom Suit and Dinettes All on SALE
12 Months No Interest
8004 Blair Rd.
(Highway 51) Mint HUl
1)4.573.6150
2914 Gibbon Rd. {Off 1-77 & I-85)Charlotte, N.C
704.596.7427
Genesis Eye Center - Personal and Quality care
• Cataract evaluation and treatment •
• Glaucoma evaluation and treatment •
• Laser vision correction •
• Diabetic eye examinations •
At Genesis Eye Center,
we don’t just care for eyes,
we care for people.
Board certified eye specialists
Board certified glaucoma specialist
Most insurance plans accepted, including
Medicare and Medicaid
Call today for your appointment at
our state of the art facility.
• Convenient Charlotte location •
Genesis
EYE CENTER
704.295.0001
817 E. Morehead St., #200 ■
Charlotte, NC 28202
WWW.GENESISEYECENTER.COM
OPEN 'TIL MIDNIGHT
|h I A % # Mk I get ready for back-to-school[
O N F n A Y S A F NO SALES TAX
V .# I ^ I I .y M % I , J I I on clothing items of $100 or less
™ m Applies to state-approved merchandise only. See store for details.
SHOP PREVIEW DAY FRIDAY AND ONE DAY SALE SATURDAY, 8AM-12 MIDNIGHT VaiidFriday, August 4 thru Sunday, August 6 in NC.
Downtown & Furniture Gallery store hours may vary
LOWEST PRICE OF THE SEASON*
SALE 27.99
Levi's* 505* RegularFit jeans
for young men. 30-40. Reg. 36.99.
Levi's sale in progress; ends September 5,2006.
SALE 21.99
35% off blasted twill cargo for boys 8-20.
From Radius and Iron. Cotton. Reg, S36.
Also, screen tees, reg. $20, sale 11.99.
SALE 59.99
Selected Steve Madden and Famous
American Designer shoes for men.
Reg. 69.99-$80. Shown: Steve Madden.
SALE 17.99
35% off mini scooters for girls 7-16.
From Bubblegum and Jolt. Reg. $28.
Also, tunics, reg. $28, sale 14.99.
SALE 49.99
Mia and Skechers summer sandals.
Reg. $59-59.99. Shown: Mia Gala.
SALE 14.99
Tunics for juniors. Reg. 524.
Also, fashion jeans, reg. $32, sale 24.99.
HECHT'S
★mocys
HECHT'S TOGETHER WITH MACY’SWe'ie brlngirq a great new place to shop.
The fin'ishing touches are almost complete We cart wait to wicomeyou to your new Macy%l
REDUCTIONSIMYHAwl^NTAKmlALEraKls^NTFrecr FRIDAY WJG^l^^TURMYAUGU^5'EyCEp"T\iLOTm^Jl“°''''®'i®*^^
REDUCTIONS MAYHAVE BEEN TAKEN. SALE PRICES IN EFFECT FRIDAY, AUGUSTA AND SATURDAY, AUGUST 5, EXCEPT AS NOTED. Closeout, clearance, permanently reduced, new reductions, special purchases and Oiig./Now items will remain at the advertised prices after theevenf these items are availaWeonlv while
beo^redinfututesalewents. Sale nierchandisels from specially Selected group? unlessotherwisedescribec). Always/everyday Value items are excluded ffom'sales'and from Credit Card extra savings, savings passes and coupL, except
7 prlc^ftet applicable price r^uctionsdurrra this event, and does notirclude tax or shipping charges or extra savings given when you usevourMacy'sCard, coupons orsavings passes, whereapplicable. This advertisementappllestoHechfs-Macy's stores in NC
Appircable sales tax will be coined ori orders sent to states i^erewe have a legal obligation toco lect sales tax. Prices, promotions and selection may differ on macys.com. Store offers do notappVon macys.com, and macy5.e0m ofeisdo not apply instore. Advertised items may nm be availableatvour local Hecht's-MaevS
and flections mayvary.SomeReg./Sale Items,nth IS ad may have been permanently reduced for.clearance after thisbookwasfinalbed and will remain at a permanently reduced price afterthis went Shipped orders aresubjeettoa delivery fee.Weare not responsiblefoT^pograph^leJmlsAllappri™