Racial Disparities in the Federal Death Penalty

Abstract

Racial discrimination and the death penalty have been a matter of scholarly interest since the early part of the 20th century. Our nation’s legal system has been aware of the issue since the beginning of the civil rights movement. Every legal forum that has addressed the issue has condemned the idea of race influencing the administration of the federal death penalty in one form or another. Nevertheless, we can all agree that this practice has no place in a society that is dedicated to the rule of law. Research reveals that only one legislative body has adopted a law that would give murder defendants the right to advance claims of racial discrimination in the same manner available to racial minorities in the employment, housing, and public accommodations contexts. 1988 Ky. Acts 252. This study focuses on racial discrimination in the administration of the federal death penalty. The Statutes are examined in the use of the administration of the federal death penalty, are the Continuing Criminal Enterprise Act of 1988, otherwise known as the Drug Kingpin Act, and the Federal Death Penalty Act of 1994, a part of the Omnibus Crime Bill of 1994. Also, examined is the link between discretion and discrimination. The researcher attempts to determine what effect the respective statutes have on the minority populations.