Simon Mullin
5/11/06

Death as Justice, No Matter the Color

During the heat of the civil rights revolution in 1972, the Supreme Court decision of Furman v. Georgia was the turning point for the American nation. It was the trial of an innocent African-American fighting for his life, the life the state of Georgia wished to take. The Supreme Court came to the conclusion that the death penalty in the United States was “rife with racial disparities” and abolished it in this country (Stark). The spark of abolishing an ancient form of punishment, thought of as inhumane by most “progressive” nations, did not catch fire and four years later was reinstated by the federal government. It may be ancient, but not everything traditional is wrong. In the year of its reinstatement, 1976, no one was expecting to see capital punishment used so popularly as it has in the recent decade. Also, Maryland, a state barely below the Mason-Dixon Line, is caught in the forefront of the capital punishment debate because of its alleged “excessive use”. Maryland is not only known for its death penalty laws, but too for the accusations that racism against African-Americans persuades such judgments. The fact of the matter is that Maryland is not excessive in its death penalty judgments; the truth is that the death penalty in this state is on the decline. Furthermore, Maryland and Baltimore City are neither racist nor prejudiced against any ethnic minority within its boundaries when it comes to capital punishment. One is not to say that it is coincidence that a large population of people in prison and death row are African-American, but to explain that the system is not racially prejudiced. To go further on the subject, the death penalty in Maryland and the United States is justified and should be upheld.
Numerous civil rights activists, concerned citizens and skeptics have presented the case that the death penalty in the United States is racially prejudice. Through the use of statistics, they are very effective in fairly presenting their rationale. Though these statistics do seem damning to those who counter this opinion, there is a lot more behind the statistics then is presented. For example, there is the well known fact that African-Americans are among largest minority in this country, populating 12% of the country’s total (Stark). Their argument that judges are being racist begins by stating that though they only are 12% of the American population, they make up 40% of total prisoners in the United States (Stark). This is a very alarming statistic and a sad one for people across all political spectrums; however this is ineffective by itself for it provides no explanation of the nature of the crimes committed nor why this American minority is the prison’s majority. The statistic is unscrupulous; it provides two pieces of information that are like comparing apples and oranges, manipulating the perceiver into believing that the system is racist without an explanation of why this is so. One can use the same kind of statistics to prove the opposite point and, if manipulated in the same way they did earlier, the very same form of statistics used earlier can be used to say that the Baltimore death penalty is distinctly sexist. In Baltimore, men only make up 46.6% of the city’s population. Though they are a minority, they make up for 100% of the executions in not only the city but in the state of Maryland as well (Capital). The problem with these statistics is that they do not reflect upon nor explain the nature of the crimes, they only present shallow numbers that in themselves mean nothing. They don’t explain that 33% of the executions were sentenced on those committing sodomy/rape, an act impossible for women to perform (Capital). Is it possible then to infer from the original statistics that the system of capital punishment is not racist and that men of African-American lineage commit more rape and murder than whites? It is more than possible, it’s the truth.
African-American’s commit more violent crimes (rape, murder, etc.) in this country and in the state of Maryland than any other ethnicity. This should not be seen as an attack on the respectable African-American communities; it is simply to prove that the prison system and the death penalty are not prejudiced against minorities. Death penalty skeptics would propose the statistic that those cases where white people are victims of murder have had a higher rate of being death-penalty cases. For example “Blacks constitute 50 percent of all murder victims, 85 percent of the victims in crimes tried as death penalty cases are white” (Stark). Though this is the case, these statistics do not show who of which race murders whom. African-American’s, in 2002, committed more that 57% of all homicides in the country and 17% of those murders were against white people (Best). This is to say that although African-Americans make up only 12-13% of the population, they commit almost 3/5 of all murders. The death penalty was created to punish those indefinitely who are irrevocably dangerous to society, no matter what color race. Besides this previous point, one must understand that the legal system is set up not to be color blind, but to ensure that everyone deserves a fair trial. However, because African-Americans are the criminals in most violent crimes in the United States it should be of no surprise that they are a major population of death row inmates. In Baltimore, a city where they are the population majority, black crimes are raging and are the vast majority of death row inmates.
Baltimore is racially different from the rest of the country but the black crime rate is even more astounding. Baltimore, a city of nearly 651,154, 64.43% are of African American descent (Baltimore). In 1992, 56% of Black males in Baltimore from ages 18-35 were under some form of criminal justice control, meaning imprisonment, parole or service (The Committee). In Baltimore alone, there were 259 murders in the year 2005, a city that has seen years where it tops 300. It is ludicrous then to say that the death penalty is neither excessive nor racist since only 83 executions have taken place from 1923 until present (Capital). Though 77% of those men were Black, they had committed the vast majority of the violent crimes in Baltimore and are today the majority of death row inmates in the city. As of May 2006, there are 12 men on Maryland’s death row; 8 of them are black and the remaining 4 white (Maryland). Also, 10 of the 12 inmates were sentenced under Baltimore County jurisdiction. The interesting fact pointed out by many execution skeptics is that 100% of the death row inmates’ victims are white, giving them “probable cause” that the death row judgments are racist (Maryland). Racism is just not the case. Of all the inmate’s white victims, 45% of them were murdered by the white inmates; and of all the black inmates, almost 40% of them are hard criminals convicted of murdering multiple people (Maryland). These statistics do not show all of those who have been on Maryland’s death row yet have been removed and/or pardoned. Out of the 5 men whose death sentences were overturned, 3 of them has been black and 4 out of the 7 victims have been black (Maryland). These statistics could then be translated into saying that Maryland’s death row is not racist and it seems that it is more lenient on it’s black inmates since 60% of the overturned cases had black defendants (Maryland). Before someone pulls the “race card” are accuse Baltimore of being prejudiced since the majority of death row inmates are black’s convicted of killing white people, there are more specific statistics one must review that shows the percentages of fatal crimes against whites from blacks. To reiterate the earlier statistics, 17% of all murders are black-against-white and the reverse is only 3% white-against black (Best). Though it is poignantly true that blacks are “6 times more likely to be victims of homicide than whites”, they are “7 times more likely to commit homicide” (Best). The statistics prove that black men are committing the majority of fatal crimes and are the majority of fatal crime victims since 40% of all murders are black-on-black (Best). These numbers also prove that since they are committing the majority of murders, they are the majority of men on Baltimore’s death row, thus capital punishment in Baltimore is not racist, it is just.
It is redundant to continue to speak about black violent crime and how blacks lead not only the nation but Baltimore and the state of Maryland as well. Next, one must question why it is that these black men continue to commit crimes and end up the majority of this city’s death row. One must understand that there is a socio-economic ingredient to the mix of their high crime rate and it is not because they are a race of bad people. Although the death penalty is not racist, there is the evidence that shows how there are unfair and possibly classist attributes to it that would give the impression of racism. It is important to explore the social history of these African American youth who are responsible for the majority of violent crimes in Baltimore.
In October of 2005, for example, occurred a sad but typical crime. In Towson, a northern suburb in Baltimore County, the 19 year old teenager John Edward Kennedy Jr. shot and killed a prominent teacher in a failed armed robbery in the parking garage of the Towson Town Center shopping mall (McMenamin Teen). He was a poor teenager from Essex who worked at the local Popeye’s restaurant and was said to be “gentle, passive and likable” by the majority of his peers (McMenamin Teen). Kennedy, a month and a half before the murder, was said to have started associating himself with troubled youth from his past and was becoming influenced by the much-too-popular gangster culture. He and these men brought this MTV and BET culture to life which took them on a downward slope. These men purchased a shotgun and believed they could make more money and raise their living standards through armed robbery. Kennedy’s first attempt at armed robbery went wrong and he ended up killing a white man, William A. Bassett. He was later arrested and convicted of murder in the first degree. Though he was recently sentenced to life without possibility of parole, the prosecution was pushing for a death sentence. Baltimore County’s State’s Attorney Sandra A. O’Connor “has a well-known policy for seeking the death penalty in every eligible case” which includes a killing during a robbery (McMenamin). Though this is a well known yet heartbreaking story of a poor black child trying to make ends meet through crime, the push for a death sentence is not an issue of race, but one of the state attorney’s preexisting policies. Since 1978, when Maryland reinstated capital punishment, Baltimore County prosecutors “have sought death sentences in 99 of the 152 death-eligible cases handled” (McMenamin). These laws are familiar to the residents of this county and have been in place for nearly 30 years, therefore when one commits such a crime they should know the repercussions of their actions. This is not an issue of race, but an implementation of state, county and city law.
Maryland re-imposed the death penalty in 1978 after the original 1973 abolishment of execution said that the death penalty in this country was racially prejudiced against African-Americans. It is proven now that it is not racist against African-Americans; it is just harsh on criminals.
Execution skeptics continue to believe that the executive government of Maryland has not acknowledged nor studied the racial allegations continually made against them. Through research one would know that the opposite is actually true. In 1993, the Governor of Maryland created a commission called the “Governor’s Commission on the Death Penalty” in Maryland to study and research all aspects and variables concerning the death penalty in this state from 1978 to 1993 (News Desk). One of the main concerns with the death penalty at the time was that the majority of death row inmates were black and allegations of racism were mounting. In the Executive Summary of the commission’s publication, they begin by stating that “based on its review of the death penalty's administration in Maryland the Commission makes thirteen Findings and nineteen recommendations”, one of those findings concerning the racist allegations; the report published in chapter 7, finding 10 (Report). Finding 10, titled Racial Disparities, opens by stating, “There is no evidence of intentional discrimination in the implementation of the death penalty in Maryland, but racial disparities in its implementation remain a matter of legitimate concern” (Report). This means that it is justifiable for the general public to be apprehensive over racial disparities within death penalty judgments, however within their extensive study they could find no intentional discrimination at all. The commission held numerous public hearings on the alleged racial disparities and “produced considerable testimony on the perceived unfairness of the death penalty, particularly on the discriminatory effects of capital punishment on African Americans”, explaining that the majority of the testimony’s concerns were of the injustice done by death penalty judgments upon African Americans (Report). The report continues to reiterate on what was stated earlier, that the concern “focused on what the witnesses believed to be a disproportionately high number of African American capital defendants and a disproportionately low number of African American victims in capital cases” (Report). Within all of the testimonies presented by African Americans and others as well to the commission, however, “were… no accusations of intentional discrimination” and the commission had no other choice then to conclude that they had found “no evidence of any intentional discrimination” against African Americans. The fact of the matter is that the governor of Maryland at the time listened to the concern of the people and acted appropriately to find out once and for all if the death penalty in his state was racially biased. He formed a commission to research, interview, examine and scrutinize over the subject and their executive conclusion is that there is no discrimination within the death penalty in this state.
Though Baltimore County’s State’s Attorney, Sandra A O’Connor, is tough on crime and is known to seek death in every eligible case, the fact is that the number of death sentences is on the decline. Advocates for and against the death penalty as well as legal experts all agree that capital punishment sentences are decreasing from former years. The many factors of why this is include “a national decrease [in sentencing] that is …attributed to fewer homicides nationwide” and the secondary and less harsh option of life without parole because of the “hesitancy of jurors to impose the ultimate sanction in the wake of highly publicized DNA exonerations of death row inmates” (McMenamin). One must only be given the ultimate punishment if there is no doubt about his conviction. Also, after a death penalty is sentenced, the defendant’s lawyer’s often appeal the decision numerous times which can take years to arrive at a final decision (McMenamin). Often, instead of exhausting themselves with years of appeals, judges and lawyers mutually agree to a sentence of life without parole rather than a death sentence, “a sentencing option added by the General Assembly in 1987” (McMenamin). Every person in this country has the right to a fair and speedy trial. Although crime and homicides are still high in the numbers, especially among African-Americans, the city and county of Baltimore are decreasing the amount of death sentences.
This exploration of the false allegations that the execution judgments are racist does not in any way attempt to establish the bias that any race is superior or inferior to any other nor wish to sway the reader to subscribe to the disgusting social disease of racism; this paper simply defends the execution policy and its justice by fairly presenting the facts and statistics of the topic. The obvious conclusion is that capital punishment decisions in the state of Maryland and in the city and county of Baltimore are not racist against any minority and especially not against African Americans. As explained and proven earlier, African-Americans commit more violent and fatal crimes than any other race in these jurisdictions and therefore through plain and deductive reasoning, blacks make up the majority of death row inmates. The references collected and used in this research are from resources and authors from all sides of the political spectrum and the overall assembly of materials and mathematical statistics prove and show that the execution judgments against these African Americans have nothing to do with their race, but the nature of the heinous crimes committed. Not only is it not racist, but if the crime rate among African-Americans remains static and the number of their executions begins to drop, like those that have been seen in recent years, one can even say that it is an injustice to the society that these criminals are not getting the sentences they deserve. No matter if it is a heartbreaking truth that African-American men are committing the majority of murders and end up the prominent death row inmates, it is still the truth. Therefore, the execution verdicts in this state, county and city are not racist against this or any minority and the system of criminal justice is fair, impartial to race and unprejudiced.


References
Baltimore City, Maryland Statistics and Demographics (US Census 2000) (2000)
Retrieved May 4, 2006 from baltimore.areaconnect.com/statistics.htm

Best, Ben. (2002). DS9 Death by Murder. Retrieved
May 4, 2006, from
Web site: www.benbest.com/lifeext/murder.htm

Maryland Case. (2006). Maryland’s Death Row. Retrieved May 7, 2006 from Website:
<http://www.mdcase.org/death_penalty/deathrow.htm#current>

McMenamin, Jennifer. (2005, December 4). Teen is guilty in mall killing.
Baltimore Sun p. 1b.

McMenamin, Jenifer. (2006, April 24). Baltimore County Capital Sentences on Decline.
Baltimore Sun

Report of the Governor’s Commission on the Death Penalty. (4/27/1994). Chapter 7, 10.
Retrieved May 7, 2006 from <http://www.sailor.lib.md.us/md/docs/death_pen/chapter.7.txt>

Stark, Michael. (1998). The Race to Kill in Maryland. Washington Peace Letter, 32(5),
www.washingtonpeacecenter.org/articles/TyroneX.html April 24, 2006