Cited by 1Criminal Justice and Corrections AnalysisTorture, Ethics, and LawJury Decision Making Processes

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Race and the Death Penalty

Vito, Anthony G·2021·Oxford Research Encyclopedia of Criminology and Criminal Justice

Abstract

The relation of race and the death penalty has been a consistent issue in the United States in what is known as the “modern era” of capital punishment. The modern era is defined as being from 1972 to the present, following the Furman v. Georgia decision. Supreme Court cases examining race and the death penalty have considered the application of the death penalty. Issues and concerns have been brought up about whether using statistical evidence is appropriate to determine racial bias that can be used in court cases, the role of a mandatory death penalty, and concern over striking jurors from the jury pool due to race. A wealth of empirical evidence has been done in different areas of the country and has shown some evidence of bias or disparities based on various statistical analyses. One of the more common issues found is issues regarding the race of the defendant (i.e., Black defendant or Black male defendant), the race of the victim (i.e., White victim or White female victim), or interracial dyad (i.e., Black defendant and White victim) that impacts whether the death penalty is sought or imposed. Another concern is wrongful convictions and exonerations. The criminal justice system is not infallible, and this is no more so apparent when deciding to give a death sentence. Prior research has shown that Black defendants are more likely to be involved in cases later found to be wrongful convictions or exonerations. Due to the issue regarding race and the death penalty, two states Kentucky and North Carolina, have created Racial Justice Acts. The creation of these two acts is a good sign of efforts to deal with race and the death penalty. However, how its use and when shows that there is much more work is needed.

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Metadata

Authors
Vito, A. G.
Affiliations
Department of Criminal Justice and Criminology
Corresponding author
Vito, Anthony G
Venue
Oxford Research Encyclopedia of Criminology and Criminal Justice
Published
2021-06-28
OpenAlex
W3208687560
Cited by
1
References
1
Citations by year
2026: 1
Type
reference entry
Language
en
Open access
closed
Locations
Oxford Research Encyclopedia of Criminology and Criminal Justice (publishedVersion)
Topics
  • Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
  • Social Sciences › Sociology and Political Science › Torture, Ethics, and Law
  • Social Sciences › Law › Jury Decision Making Processes
Keywords
death penalty, race, Furman v. Georgia, statistical evidence, mandatory death penalty, jury selection, Black defendants, wrongful convictions, exoneration, Kentucky, North Carolina

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CoChat. (2026). Citation check: Race and the Death Penalty. https://app.cochat.ai/papers/10.1093/acrefore/9780190264079.013.342
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Vito, A. G. (2021). Race and the Death Penalty. Oxford Research Encyclopedia of Criminology and Criminal Justice. https://doi.org/10.1093/acrefore/9780190264079.013.342