Racial Disparities in the Federal Death Penalty: Uncovering the Key Role of Geography

The federal death penalty is plagued by two important types of disparity.  One is racial: as of last year, nearly half of federal death row inmates (28 of 57) were black.  The other is geographic: out of the 94 federal districts, just 16 have produced 75 percent of the death sentences, and nine have produced nearly half.  Although both disparities have been much commented on separately, it seems they are actually connected.  Or so argue G. Ben Cohen and Robert J. Smith in an interesting new paper, “The Racial Geography of the Federal Death Penalty,” 85 Wash. L. Rev. 425 (2010).

Their thesis is simply stated.  A vastly disproportionate number of federal death sentences come from counties with high minority populations that are located in districts that are heavily white overall.  Think diverse urban cores surrounded by lily-white suburbs.  Given that federal juries are typically drawn from the entire district, this means that capital trials in these districts are apt to involve minority defendants being judged by white-dominated juries.  Having minimal racial diversity on the jury means that black defendants have little protection from the unconscious racial biases that most of us carry around.  This, in turn, drives both the racial and geographic disparities in federal death sentences.

The patterns are striking. 

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Neighborhood Councils as Antidote to Minority Political Marginalization?

In many of America’s major cities, a sense of hopelessness and cynicism discourages political participation, especially by members of minority groups.  Disengagement, in turn, undermines accountability and facilitates corruption, which exacerbates public cynicism. 

How can the vicious circle be broken?  In a new paper on SSRN, Matt Parlow argues that neighborhood councils — “new substructures of local government that aim to involve citizens in the decision- and policy-making processes” — have the potential to raise the engagement level of minority citizens with local government.  He uses Detroit to illustate the problems of local government corruption and minority political marginalization in American cities, while pointing to Los Angeles as an example of a city that has had some recent success with neighborhood councils. 

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Milwaukee’s Residential Segregation – It’s Not Simply Black and White

The Milwaukee metropolitan area is taking what seems to be its annual beating in the media because of its racially segregated housing patterns.  According to a new report from the Brookings Institution based on 2005-09 census data, the City of Milwaukee and the surrounding area including Milwaukee, Ozaukee, Washington and Waukesha Counties is virtually tied for first  (or last!) with Detroit and New York City for the highest degree of black-white residential segregation.  A second study conducted by John Logan of Brown University ranked Milwaukee second in residential segregation by race to only the New York City metropolitan area.  Newark, Detroit, and Chicago were next on Logan’s list.

To what extent are the troubling rankings and the patterns to which they point truly based on race?  American racism is hardly dead and buried, but in our society race often obscures the equally pernicious workings of socioeconomic class inequality. 

Continue ReadingMilwaukee’s Residential Segregation – It’s Not Simply Black and White
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