Racial bias and the constitutionality of the death penalty
Presentation Type
Abstract
Faculty Advisor
Thomas Loikith
Access Type
Event
Start Date
25-4-2025 10:30 AM
End Date
25-4-2025 11:29 AM
Description
The Supreme Court has held that capital punishment itself does not violate the Eighth Amendment’s proscription against “cruel and unusual punishment”. However, it has held capital punishment unconstitutional as applied under certain circumstances. Studies show that capital punishment is imposed disproportionately on people of color, particularly Blacks, especially when the victim is White. Yet, the Court has not found the death penalty unconstitutional under such circumstances. Should the Court find capital punishment as applied to racial minorities unconstitutional? What other solutions can address this problem? This is a complex problem requiring interdisciplinary research to achieve a more comprehensive understanding. I analyzed the problem through the disciplinary perspectives of law and sociology. From September 2024 through April 2025, I used qualitative research methodology, analyzing relevant sources including the Constitution, statutes, Supreme Court opinions, and scholarly articles from each discipline. I identified conflicting insights from each discipline, and sought common ground between them. Then, I integrated those insights to achieve a more comprehensive understanding of the problem, which allows me to suggest solutions to it. I conclude that racial biases inherent in the imposition of the death penalty create a pattern of punishment that is both arbitrary and discriminatory. Such disparities violate the Eighth Amendment’s guarantee against cruel and unusual punishment. I call for a recognition that when the death penalty is disproportionately imposed on racial minorities, it should be deemed unconstitutional. Legal reform that directly addresses the intersection of race and capital punishment in the United States is required.
Racial bias and the constitutionality of the death penalty
The Supreme Court has held that capital punishment itself does not violate the Eighth Amendment’s proscription against “cruel and unusual punishment”. However, it has held capital punishment unconstitutional as applied under certain circumstances. Studies show that capital punishment is imposed disproportionately on people of color, particularly Blacks, especially when the victim is White. Yet, the Court has not found the death penalty unconstitutional under such circumstances. Should the Court find capital punishment as applied to racial minorities unconstitutional? What other solutions can address this problem? This is a complex problem requiring interdisciplinary research to achieve a more comprehensive understanding. I analyzed the problem through the disciplinary perspectives of law and sociology. From September 2024 through April 2025, I used qualitative research methodology, analyzing relevant sources including the Constitution, statutes, Supreme Court opinions, and scholarly articles from each discipline. I identified conflicting insights from each discipline, and sought common ground between them. Then, I integrated those insights to achieve a more comprehensive understanding of the problem, which allows me to suggest solutions to it. I conclude that racial biases inherent in the imposition of the death penalty create a pattern of punishment that is both arbitrary and discriminatory. Such disparities violate the Eighth Amendment’s guarantee against cruel and unusual punishment. I call for a recognition that when the death penalty is disproportionately imposed on racial minorities, it should be deemed unconstitutional. Legal reform that directly addresses the intersection of race and capital punishment in the United States is required.
Comments
Poster presentation at the 2025 Student Research Symposium.