The Racial Geography Of The Federal Death Penalty

Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the expansion of the venire from the county to the district level has a dramatic demographic impact on the racial make-up of the jury. This inquiry demonstrates that the conversation concerning who should make up the jury of twelve neighbors and peers - a discussion begun well before the founding of our Constitution - continues to have relevance today. This Article documents the historical and racial relationships between place and the ability to seat an impartial jury. We then discuss the unique impact demographic shifts in the jury pool have on death penalty decision making. Finally, we propose three possible solutions: (1) a simple, democracyenhancing fix through a return to the historical conception of the county as the place of vicinage in federal capital trials; (2) a Batson-type three-step process for rooting out the influence of race on the decision to prosecute federally; and/or (3) voluntary measures by the Attorney General to mask demographic and location identifiers when deciding whether to provide federal death-authorization. We explain why a return to county-level jury pools in federal capital cases (whether through statutory construction, legislative change, or through the authority of a fair-minded Attorney General) prospectively limits the impact of race on the operation of the federal death penalty, without establishing the intractability of the federal death penalty as a whole. Finally, we observe that any effort to study the federal death penalty cannot merely address those federal cases in which the Attorney General has considered whether to approve an effort to seek the death penalty, but must also include an assessment of the cases prosecuted in state court that could be prosecuted federally and the prosecutorial decision concerning when and whether to prosecute in federal court.

Few subjects are as intensely debated in the United States as the death penalty. Some form of capital punishment has existed in America for hundreds of years, yet the justification for carrying out the ultimate sentence is a continuing source of controversy. No Winners Here Tonight explores the history of the death penalty and the question of its fairness through the experience of a single state, Ohio, which, despite its moderate midwestern values, has long had one of the country’s most active death chambers. In 1958, just four states accounted for half of the forty-eight executions carried out nationwide, each with six: California, Georgia, Ohio, and Texas. By the first decade of the new century, Ohio was second only to Texas in the number of people put to death each year. No Winners Here Tonight looks at this trend and determines that capital punishment has been carried out in an uneven fashion from its earliest days, with outcomes based not on blind justice but on the color of a person’s skin, the whim of a local prosecutor, or the biases of the jury pool in the county in which a crime was committed. Andrew Welsh-Huggins’s work is the only comprehensive study of the history of the death penalty in Ohio. His analysis concludes that the current law, crafted by lawmakers to punish the worst of the state’s killers, doesn’t come close to its intended purpose and instead varies widely in its implementation. Welsh-Huggins takes on this controversial topic evenhandedly and with respect for the humanity of the accused and the victim alike. This exploration of the law of capital punishment and its application will appeal to students of criminal justice as well as those with an interest in law and public policy.

The perennially controversial issue of capital punishment has generated especially passionate debate in recent years. In this book, two noted experts on crime provide a geo-historical perspective on capital punishment, showing vividly the incoherencies and contradictions in policies and practices across the country. Going back to the earliest U.S. executions, the authors challenge the belief that capital punishment serves as a deterrent. Using state-of-the-art methods drawn from geographic information systems (GIS), they illustrate the culture of capital punishment and its impact on selected groups, mapping the execution of women, for example, and the origin and diffusion of electrocution, the gas chamber, and lethal injection. This book will be indispensable to anyone--scholar, policy maker, or lay person--who must be informed on the issue of capital punishment.

Criminal justice practices such as policing and imprisonment are integral to the creation of racialized experiences in U.S. society. Race as an important category of difference, however, did not arise here with the criminal justice system but rather with the advent of European colonial conquest and the birth of the U.S. racial state. Race and Crime examines how race became a defining feature of the system and why mass incarceration emerged as a new racial management strategy. This book reviews the history of race and criminology and explores the impact of racist colonial legacies on the organization of criminal justice institutions. Using a macrostructural perspective, students will learn to contextualize issues of race, crime, and criminal justice. Topics include: How “coloniality” explains the practices that reproduce racial hierarchies The birth of social science and social programs from the legacies of racial science The defining role of geography and geographical conquest in the continuation of mass incarceration The emergence of the logics of crime control, the War on Drugs, the redefinition of federal law enforcement, and the reallocation of state resources toward prison building, policing, and incarceration How policing, courts, and punishment perpetuate the colonial order through their institutional structures and policies Race and Crime will help students understand how everyday practices of punishment and surveillance are employed in and through the police, courts, and community to create and shape the geographies of injustice in the United States today.