B. Historical perspectives: ignoring the lessons of the past
“Many citizens consider it insensitive and unseemly, if not immoral, for a country, with our historical record on slavery and race discrimination, to persist in using a punishment that is administered and controlled almost exclusively by whites and serves no demonstrated function, but has a profound adverse impact, physically, psychologically, and symbolically on its black citizens.”
The United States has a long history of racial discrimination, not only by individuals, but often prescribed in law. In 1776, the original Constitution openly legitimized the foundation of slavery in three of its provisions, counting a slave as three-fifths of an individual for the goal of distributing seats in the House of Representatives.
Especially in the slave holding states, this conduct permeated the administration of justice. For instance, before the American Civil War, the law in Georgia enshrined various sentences for particular crimes depend on the race of the defendant or victim. The rape of a white woman occurred by a black man was considered a capital crime, while the same offence committed by a white man implemented a punishment of between two and 20 years incarceration. The rape of a black woman was just punishable by fine or incarceration, at the discretion of the …show more content…
In Virginia Rape was once punishable by death; between 1908 and 1972, only blacks were sentenced to death under this statute, despite of 45 percent of those condemned of rape were white. The one white man was sentenced to death for rape during this time had his judgement commuted by the governor. In 1950, lawyers’ representative 7 black men appealed their rape condemnations on the grounds that just blacks were punished to death for the crime. The Virginia Supreme Court denied the appeal, stating there was “not a scintilla of evidence” of racial prejudice. All seven were
“Many citizens consider it insensitive and unseemly, if not immoral, for a country, with our historical record on slavery and race discrimination, to persist in using a punishment that is administered and controlled almost exclusively by whites and serves no demonstrated function, but has a profound adverse impact, physically, psychologically, and symbolically on its black citizens.”
The United States has a long history of racial discrimination, not only by individuals, but often prescribed in law. In 1776, the original Constitution openly legitimized the foundation of slavery in three of its provisions, counting a slave as three-fifths of an individual for the goal of distributing seats in the House of Representatives.
Especially in the slave holding states, this conduct permeated the administration of justice. For instance, before the American Civil War, the law in Georgia enshrined various sentences for particular crimes depend on the race of the defendant or victim. The rape of a white woman occurred by a black man was considered a capital crime, while the same offence committed by a white man implemented a punishment of between two and 20 years incarceration. The rape of a black woman was just punishable by fine or incarceration, at the discretion of the …show more content…
In Virginia Rape was once punishable by death; between 1908 and 1972, only blacks were sentenced to death under this statute, despite of 45 percent of those condemned of rape were white. The one white man was sentenced to death for rape during this time had his judgement commuted by the governor. In 1950, lawyers’ representative 7 black men appealed their rape condemnations on the grounds that just blacks were punished to death for the crime. The Virginia Supreme Court denied the appeal, stating there was “not a scintilla of evidence” of racial prejudice. All seven were