The New York Times editorial below explores the relationship between race and the selection of death penalty juries. The editorial mentions a 2011 study conducted at Michigan State University that found a significant racial bias in the selection of jurors. In the 166 cases reviewed by researchers, “prosecutors dismissed more than twice as many blacks from the jury (56%) as others (25%).” Moreover, the disparity was even greater when the defendants were black.
The Curtis Flowers case is a prime example of this type of racial bias. Curtis, an innocent man, has been tried six times for the same crime. His first two convictions were overturned due to prosecutorial misconduct. Discrimination in jury selection led the Supreme Court to overturn Flowers’ conviction after his third trial. Trials four and five ended with hung juries. At the end of the sixth trial, Curtis was convicted and sentenced to death. Although Mr. Flowers has spent over 15 years in prison for a crime he did not commit, we can only hope that the growing awareness of racial bias in jury selection will help bring justice for Curtis and others facing similar situations. MW
North Carolina courageously passed the Racial Justice Act in 2009, making it the first state in the country to give death row inmates a chance to have their sentences changed to life without parole based on proof that race played a significant role in determining punishment.
A state court is now hearing the first challenge to a death sentence under that law. Marcus Robinson, who has been on death row since 1994, must prove that state prosecutors discriminated against blacks in selecting juries, affecting the outcomes of cases, including his. His lawyers presented a notable study by researchers at Michigan State University showing this kind of bias. (more…)