Friday

Federal Death Penaltyin Black and Blue

Although NY State has essentially abolished the death penalty, the feds persist. In fact, the federal Federal death penalty seems focused on New York with NY running second only to terrorist forum of choice VA in death cases. The interesting factoid: 95 percent of those the feds look to kill are members of minorities. Thus far Of the 37 capital cases in New York, 14 were resolved before going to trial. Of the remaining 23, none resulted in a death sentence. Maybe New Yorkers understand just how racially biased things really are.

5 comments:

Rebeccafrog said...

Would you be so kind as to clarify your numbers, please? 14 + 13 = 27, not 37. Thank you!

P.S., My husband and I both loved your book. Now he gets what I mean when I say I'm not cut out to be a public defender.

Indefensible said...

My Bad.
Fixing now.
Thanks.
D.

Tom McKenna said...

Alternatively, maybe New Yorkers just are death penalty averse (which is why the state does not have an effective DP). I'm sure most juries in NY don't have the slightest clue that there is a numerical disparity. If they did, they are probably smart enough to realize that the fact of a numerical disparity alone proves exactly nothing about the cause of the numerical disparity.

If you wanna play the race card to score some cheap points against the death penalty, you have to show more than a bare disparity of numbers. The elementary principles of logic still apply, even in New York.

brandon.music said...

now, I"m no expert on case law , or any law at all. But, if race is the motivator, what is the standard for proof for something being racially motivated?

Like the recent texas redistricting case, did we need have some evidence that republicans said "WE won't have no *insert racial slur here* taking away our political power!"..or is there some other issues at work here?

While the principles of logic agree with Tom, logic is not the foundation of stare decisis (though it is involved).

Basic point being: Just cause it doesn't work logically, doesn't mean u can't make a good legal argument. Cause, Society certainly isn't bound by logic! Or why would we do stuff that kills us ...for pleasure (e.g. cigarette smoking)

Anonymous said...

Cultural biases are, by their very nature, illogical. Logic and racism have nothing to do with one another.