Running head: 1

Tiana R. Bennett

Marymount University

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Abstract

This paper seeks to explore the cause for the racial divide in America between Whites and

African Americans in support and opposition for the death penalty. Much research has identified

the racial gap, but not much research has identified the cause of this gap. Through an exploration

of literature, racism and racial differences are the key factors that create this racial divide.

Keywords: capital punishment, death penalty, racism, inequality

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The following case takes places in Cumberland County, North Carolina. Marcus

Robinson, an African American male, was barely 18 years old when he was indicted on charges

of first-degree murder or Erik Tornbloom, first-degree kidnapping, robbery with a dangerous

weapon, felonious larceny, possession of a weapon of mass destruction, and possession of a

stolen vehicle. Mr. Robinson pled guilty to all the charges, with the exception of the first-degree

murder charge, which he claimed Roderick Williams, the other assailant in this case, did.

Robinson was found guilty by a jury. He was tried capitally, and sentenced to death on August

5, 1994.

The jury, which is supposed to be a jury of Robinson’s peers, in this case was comprised

of two African Americans. Furthermore, records show that the prosecution removed half of all

qualified African American jurors, but only removed 15% of the qualified white jurors. It

appears that there was a form of racial discrimination taking place during jury selection,

disguised by what the courts call “peremptory challenges.” Peremptory challenges are “the right

to challenge a juror without assigning, or being required to assign, a reason for the challenge”

(For People’s Law Dictionary, 2005). Peremptory challenges are problematic, because attorneys

could be discriminating against certain ethnicities, age groups or education. This could have

been taking place in Robinson’s case.

Now 20 years later, Robinson is still alive. Robinson’s death sentence has been vacated,

and reduced to a life sentence without parole. In 2010, Robinson filed for a motion of relief

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under North Carolina’s Racial Justice Act of 2009. Robinson’s case was the first capital case to

get appealed under the Racial Justice Act. North Carolina’s Racial Justice Act of 2009

acknowledges what so many others have already been victims of – racism in the justice system.

The Racial Justice Act allows convicted murderers to challenge their death sentences, if

they can prove race played a factor in their sentencing (Cohen, 2012). Robinson was able to

demonstrate this with statistical evidence from a study conducted by two professors at Michigan

State University. The courts found this study to be a “valid, highly reliable statistical study of

jury selection practice in North Carolina capital cases between 1990 and 2010.” Based on this

study, prosecutors in North Carolina were eliminating 52.6% of eligible black jurors, compared

to only 25.7% of all other eligible jurors. Robinson also presented non-statistical evidence in the

form of witness testimony and case examples. By vacating his death sentence, the courts admit

that having an all white jury may have had an effect on Robinson’s death sentence.

The death penalty, sometimes referred to as capital punishment, can be traced back to

ancient biblical times. It was often a representation of manmade laws. In America, the usage of

the death penalty traces back to the English colonists of the 17th and 18th centuries. Unlike today,

there were an array of crimes that were considered capital including robbery, counterfeiting,

theft and arson (Banner, 2002). The list was endless. This is partially due to the lack of jails and

prisons, which were not yet fully developed. The thought of those crimes receiving a death

sentence today is foreign and may cause a riot if they were implicated. Today, capital

punishment is only reserved for the heinous crime of murder. There are five ways in which the

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death penalty can be inflicted: lethal injection, electrocution, gas chamber, hanging and firing

squad (Bureau of Justice Statistics, 2011). Lethal injection is the most commonly used form.

Until recently, it was seen as the most humane form of execution.

Historically, capital punishment has served three main purposes: deterrence, retribution,

and penitence. It is uncertain whether or not capital punishment has actually served those

purposes. History shows a large inequality in how the death penalty was applied, especially to

African Americans. The relationship between capital punishment and racial control has a long-

standing history that continues even now today (Bouie, 2014). Execution rates for slaves in

America far exceeded those for Southern whites. There were far more crimes punishable by the

death penalty for slaves than for anyone else. To interfere with any part of one’s enslavement,

was to court death (Bouie, 2014). As slavery ended, lynching became a controversial topic. It

was seen as the unofficial death penalty, heavily imposed on African Americans. African

Americans lived in fear of lynchings. It represented how white Americans took justice into their

own hands. Many lynching were conducted in the absence of a trial for many alleged crimes. In

fact, many lynchings were conducted before the accused was ever arrested. Much like official

death sentences ordered in the court of law, racial disparity was also observed in lynching

(Banner, 2002).

Although reserved for only murder and treason, America still faces the same racial

disparity amongst its’ death row inmates. According to the Bureau of Justice Statistics (2002),

African Americans constitute more than half of those on death row despite only comprising 12%

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of America’s population. That fact alone could generate controversy towards the death penalty.

Although those statistics do not necessarily demonstrate racial discrimination or racial control,

they could point to the perception of racial discrimination upheld by African Americans. This

could be the reason for this next observation.

In addition to the different rates in which African Americans and White Americans are

sentenced to capital punishment, there are also different rates in which those two groups approve

of the death penalty. For White Americans, the support for the death penalty is at 62%, and 42%

support from African Americans (Baker, Lambert & Jenkins, 2005). Other studies and surveys

suggest a similar gap in black-white opinion. The 2002 general survey reports 73% of whites are

in favor of the death penalty and 44% of African Americans in favor of the death penalty. Bobo

& Johnson (2004) report a similar 30% gap. The gap between African Americans and white

Americans in favor of the death penalty is far greater than any other socio-demographic

characteristic. Black and white levels of death penalty support seem to always increase and

decrease in the same direction (Cochran & Chamlin, 2006). Capital sentencing differences

amongst African American and White Americans may be used to explain the persistent white-

black differences in approval rates. However, very little research has sought to explain this

difference.

This paper seeks to explore and explain this difference. An understanding of the

underlying attitudes is critical to further legislation of the death penalty. White Americans are

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more supportive of the death penalty than African Americans because of racist views and racial

differences.

Racism and Racial Differences

“It is the result of that history expressed through public opinion, and influenced by

racialized ideas on crime and criminality” (Bouie, 2014). There is a heavily documented

difference in support for the death penalty amongst white Americans and African Americans.

These two ethnicities have the biggest percentage gaps in support of the death penalty. Both

racism and racial differences can be used to explain this difference. The death penalty has

become a highly racialized policy in America (Peffley & Hurwitz, 2007). In other words, race

plays a significant role on how people view the death penalty. Research shows that both African

Americans and White Americans consider race when formulating their opinions of the death

penalty (Soss et al., 2003; Young, 1991). It is the unique experiences faces by these races that

shape their opinion on the death penalty. It is difficult to think about the death penalty, without

considering race. Because race plays such a significant role in the opinion formulation of capital

punishment, racism is at the core of why a great gap exists. Analysis from Peffrery and Harwitz

(2007) highly support the argument of this paper. In an interview of 603 white Americans and

579 African Americans, white Americans and African Americans favored the death penalty

64.96% and 50% respectively. This gap is rather low, compared to many other studies that

suggest a 30% gap. However, there is no surprise that white Americans and African Americans

differ in their view of the death penalty. The startling finding of Peffrery and Harwitz (2007)

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analysis is that when prompted with racial information that “the death penalty is unfair because

of most of the people who are executed are African American,” there was an increase in favor

amongst white Americans (+12% favor) and a decrease amongst African Americas (-12% favor).

This suggests that learning of discrimination, leads white Americans to support capital

punishment even more. In contrast, racial arguments lead African Americans to decrease their

support of the death penalty. Perhaps this finding could be problematic, since the race theme

was targeted at African Americans. To assess a general understanding of their views on the death

penalty, Peffrery and Harwitz (2007) also introduced a non-race specific factor. When told “the

death penalty is unfair because too many innocent people are being executed,” white Americans

stayed near baseline (-.68% favor) and African Americas went even further away from their

baseline (-16% favor). Results from the analysis bring to light the underlying racism that directs

decisions made by White Americans. White Americans, in this particular study, seem immune to

persuasion and are likely to favor ideas more when they are presented as discriminatory. African

Americans, in contrast, are responsive to both racial and innocent arguments against the death

penalty, suggesting their dislike with inequality. African Americans seem more receptive of

arguments against the death penalty. Furthermore, Baker et al. (2005) assesses a similar notion.

Baker et al. (2005) asserts that black students are also more likely to be supportive of the unfair

administration, mercy and innocent arguments against the death penalty than were white

students. More research suggests that racism may be the leading predictive factor in support of

the death penalty. Statistical differences in favor of the death penalty can also be observed

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amongst racist and non-racist white. Research suggests that 63% of white Americans, who score

high on the symbolic racism scale, are strong supporters of the death penalty. Only 43% of

nonracist white Americans support capital punishment (Unnever & Cullen, 2007).

Racist views may not be the only predictor. Racial differences also play a role in support

of the death penalty. Cochran and Chamlin (2003) suggest that difference in white-black support

of the death penalty in not the only influenced by racist views, but also racial differences.

African Americans and White Americans are different in quite a few ways. Cochran and

Chamlin (2006) analyzed those following racial differences: (1) socioeconomic status, (2) sub

cultural differences, (3) political ideology, (4) religious orientation, (5) right-to-life position, (6)

social welfare and governmental spending priorities, (7) discrimination and racial differences in

beliefs about racial inequality, (8) experiences with the criminal justice system, (9) fear of crime

and victimization experience, (10) Punitiveness and other justice attitudes and (11) attribution

styles. Cochran and Chamlin (2006) suggest that these differences are part of what makes an

individual identify with a certain race. Furthermore, they assert these racial differences are not

separate from racism, but actually enforcers or influencers of racist views.

By using two local area samples out of Hillsborough County, Florida, an enduring and

persistent racial divide in white-black support of the death penalty was observed over three

decades. The racial division stayed at roughly 30 percent over the three decades being observed.

This same gap is observed in similar studies. This suggests that opinions are both race specific

and social specific (Cochran & Chamlin, 2006). Opinions of the death penalty are no solely

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based on racial factors, but also how we interpret the social situations around us. How we

interpret the social situations around us is influenced by the racial differences mentioned above.

It is the reason that white Americans and African Americas may increase or decrease their

support towards the death penalty at similar times, but in different directions. It appears that

white Americans and African Americas, usually increase or decrease their position in the same

direction, which suggests that they are reacting to the social conditions, but just in different

ways. This explains why the gap is fairly consistent over time.

The negative perceptions that African Americans have about the death penalty are not

mere intuition. Research and statistics show this particular group has been targeted by the

criminal justice system. African Americans have a “distinct” history with the death penalty

(Unnever & Cullen, 2007). This history may contribute to their reluctance to support the death

penalty at levels similar to white Americans. Research shows that white jurors do act upon their

racist views. White jurors generally give stronger recommendations for the death penalty, when

there is a black defendant, than when there is a white defendant for the same crime (Rothenberg,

2004). This may have been the similar situation that occurred in State v. Robinson (1995).

Race and racial differences do matter when looking at levels of support for the death

penalty. Some may argue that in the 21st century, racism is not as prevalent as it once was. Thus,

there is not enough of it to make a decision in our court decisions. However, there are

underlying “systematic practices of white racism” that continue to underlie “every day practices,

knowledge, and social reality” (Rush & Feagin, 2000; Feagin & O’Brien, 2003; Feagin, Unnever

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& Cullen, 2007; Vera & Batur, 2001). Feagin & O’Brien (2003) assert that the more white

Americans that believe African Americans are irresponsible or culturally deficient are more

likely to support the death penalty. Although white Americans may be hesitant to admit to racist

beliefs underlying their view of the death penalty, there is evidence that their racism comes in a

more masked form of support for crime related policies such as the death penalty (Unnever &

Cullen, 2007). Racism and racial differences shape the way in which individuals form their

opinion on the death penalty.

Other explanations

Despite the compelling argument for racism and racial differences underlying the gap of

White American and African American support of capital punishment, other researchers suggest

politics, religion and social context are stronger predictors of the support of capital punishment.

Those arguments have great weaknesses.

Researchers Bjarnason and Welch (2004) suggest it is an interaction of politics, religion

and social contexts that takes place when an opinion is formulated about the death penalty.

Findings from their study suggest that support for the death penalty is stronger amongst

parishioners who are conservative, Republican and more supportive of traditional family values.

The researchers of that study theorize that religion play a role in our political identity, thus in

how we interpret our social context. Bjarnason & Welch (2004) assert that the church is highly

influential on opinions of the death penalty. This study mentions race in the catholic religion.

Although, there are both majority black and majority white parishes, this study suggests there is

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not a statistically significant white-black catholic difference in support for the death penalty.

These findings lead one to believe that there is not a relationship between the race of the

parishioner and their beliefs of the death penalty. This study suggests that race is not as

important as previously suggested.

Furthermore, another recent study also suggests that religion matters, and racial

characteristics do not (Eisenberg, Garvey & Wells, 2001). On the basis of interviews with 187

jurors who served on 53 capital cases tried in South Carolina between 1986 and 1987, Eisenberg

et al. (2001) found that jurors who identify as Southern Baptists are 80% more likely to cast the

vote for death than any other religion. All but one of the Southern Baptists in this sample was

white Americans. Still Eisenberg et al. (2001) suggests that this is not a racial difference,

because Southern Baptists still show the tendency to vote for death penalty even with an all

white jury. This study asserts that the influence of race disappears during the voting process that

occurs at the penalty phase.

Young (1992) admit that race, on the surface, may seem to play a role, but church

attendance is what increases or decreases support for the death penalty. He uses the statement

that “religion naturally involves a concern with making sense of life and death” (p. 76). Data

was utilized from a sample size of 1,078 white and 150 blacks. Respondents were of the

Protestant, Catholic and Jewish religion. There were also individuals who expressed no religious

preference. The findings of Young (1992) identify evangelism as the largest impact on opinions

of the death penalty.

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Borg (1997) suggests that it isn’t race or religion that predicts the opinion on death

penalty, but instead it is the social context. Borg comes up with the theory that media reports of

an overwhelmingly amount of black criminals increases white perception of crime rates, thus

influencing their view of the death penalty. He also suggests that the closer physical proximity

that whites live to African Americans, the more likely they are to support the death penalty.

Thus, the media and proximity influence the opinion of the death penalty.

One thing all of these researchers have in common is that they undermine the role that

racism and racial differences play in facilitating the opinions of capital punishment.

Furthermore, racial differences have a significant role in social context, religion and politics as

explained by Cochran and Chamlin (2006). These researchers fail to take into consideration the

role racial differences and racism play in the characteristics they identified.

Cochran and Chamlin (2006) diminish the political arguments by making claims that,

“support for capital punishment amongst black cannot be explained by shifts towards

conservatism (p. 87). Historically, African Americans have identified more with democratic

liberal views, and white Americans have identified more with conservative republican views.

There has been an increase in African American conservatism, however this has been associated

with a decrease in levels of support for capital punishment. This association has not been

observed in white conservative republicans (Cochran & Chamlin (2006). This finding suggests

that political views cannot be the only thing that drives support or opposition of the death

penalty.

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In addition, Cochran and Chamlin (2006) explore the claims of religion orientation

superseding the role that race plays in support of the death penalty. Once again, religious

orientation fails to explain the racial divide in death penalty support. When comparing one

religious group, Protestant Fundamentalists, it was found that although of the same religion, the

experience was much different. It was found that the death penalty was heavily pronounced

amongst white Protestant Fundamentalists, and levels of opposition were observed amongst

African American Protestant Fundamentalists. If it were religion, there would not be such a

statistically significant difference between both races. Cochran & Chamlin (2006) challenge the

validity of political and religious arguments.

There is a major limitation in Bjarnason & Welch (2004). These researchers suggest

there is not a statistical difference in white Catholic and African American Catholic opinion on

the death penalty. However, there are only 3% of Catholics who identify as both Catholic and

African American. The African American Catholic community is not a good representation of all

African Americans, since the sample is such a small one compared to the white Catholic

Community.

Eisenberg et al. (2001) also presents potential limitations. This study chooses to ignore

their limitation of all but one of the Southern Baptist in their group was white Americans. To

strengthen their results, more African American Southern Baptists should have been apart of the

study. Eisenberg et al. (2001) assumes that the influence of race disappears at the voting stage,

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but fails to present findings to support this assertion. Instead of using their findings to support

his statement, the researchers use assumptions about race not playing a role in the death penalty.

The arguments presented by other researchers all lack validity. They fail to address their

weaknesses. Through over research, it appears that racial differences and racism are the best

way in which to explain the racial gap amongst blacks and whites in support of the death penalty.

Conclusion

There is a heavily documented statistical gap that is observed when comparing white

Americans and African Americans in support of the death penalty. Much research has

established an estimated 30% gap between both races. However, not much research has aimed

to understand why this difference exists. Understanding why white Americans and African

Americans differ in their support or opposition of capital punishment could have legal

implications for law making and/or jury selection. Other research has reported that religion,

politics and social context are predictors of support for the death penalty. They have sought to

diminish the role that race plays. However, those arguments lack validity, and do not effectively

explain the racial divide in support of the death penalty. This paper has established that racism

and racial differences play a huge role in why White Americans support the death penalty, much

more than African Americans.

Racism is a significant part of how the justice system is run. Much research and court

systems have acknowledged that information. Individuals, like Marcus Robinson, were victims

of that. By acknowledging the racist issues in capital punishment, we can create a more system

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that is aimed at justice and not victimizing individuals of a certain race. This suggests that there

is a high need for more legislation similar to the North Carolina Racial Injustice Act of 2009.

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References

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w.slate.com/articles/news_and_politics/politics/2014/03/pew_research_death_penalty_po

ll_why_whites_support_capital_punishment_more.html

Baker, D. N., Lambert, E. G., & Jenkins, M. (2005). Racial Differences in Death Penalty

Support and Opposition A Preliminary Study of White and Black College Students.

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