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- <text id=94TT0646>
- <title>
- May 23, 1994: Law:Numbering Their Days
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- May 23, 1994 Cosmic Crash
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 52
- Numbering Their Days
- </hdr>
- <body>
- <p> Would quotas for death sentences ease the bias against black
- prisoners?
- </p>
- <p>By Julie Johnson/Washington
- </p>
- <p> What course of appeal does a prisoner have if he believes he
- has been handed a death sentence largely because he is black?
- At the moment, none. The Racial Justice Act, or some form of
- it, might open up an avenue--but only if it remains part of
- the omnibus crime bill now before Congress. The act would allow
- minority inmates on death row in federal and state prisons to
- use statistics to show that their sentence was part of a pattern
- of discrimination. For example, if the number of blacks sentenced
- to die or for whom prosecutors sought the death penalty in a
- state was vastly disproportionate to the number of whites involved
- in similar crimes, penalties--though not convictions--might
- be reversed.
- </p>
- <p> While the Racial Justice Act's fine points are steeped in legal
- arcana, the bill inspired fierce rhetoric in the Senate last
- week. The act, said Orrin Hatch of Nevada, "has nothing to do
- with racial justice and everything to do with abolishing the
- death penalty" by employing "unreliable and manipulable statistical
- quota." To the act's defense came Carol Moseley-Braun of Illinois--with statistics. Since 1988, she said, the government has
- sought the death penalty for drug kingpins in 36 cases involving
- four whites, four Hispanics and 28 blacks. Said Moseley-Braun:
- "Keep in mind that 75% of the defendants charged under this
- statute have been white." The Senate voted 58-41 against the
- act, but its fate--and its linkage to the crime bill--remains
- uncertain. It must now go into conference with the House, which
- passed it, 219 to 217.
- </p>
- <p> The issue has endured a long struggle in Washington. In 1987,
- Warren McCleskey, a black factory worker in Atlanta, brought
- an appeal before the Supreme Court. McCleskey, who had been
- sentenced to death in the killing of a white police officer
- in 1978, argued that sentencing patterns in Georgia proved racial
- bias. The court fractured 5-4 against McCleskey, even though
- Antonin Scalia conceded, in a note to Thurgood Marshall, that
- prosecutorial and jury decisions are influenced by "the unconscious
- operation of irrational sympathies and antipathies, including
- racial." McCleskey was executed in September 1991.
- </p>
- </body>
- </article>
- </text>
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