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Racism in the USA was once blatant: slavery, segregation and lynching were all highly visible manifestations of a violent antipathy toward racial minorities by members of the white majority. Many of these racial based human rights violations were committed with the sanction or even active participation of the authorities.
Today, visible symbols such as the 'Whites Only' signs of the 1950s would be totally unacceptable to the majority of US citizens. But the United States continues to struggle with ongoing racial and ethnic divisions. Major steps taken over the past 50 years to remove institutionalised racism has not eliminated the disadvantages which many members of minority groups continue to face in daily life.
As the recent report of the President\'s Advisory Board on Race stated:
"Race and ethnicity still have profound impacts on the extent to which a person is fully included in American society and provided the equal opportunity and equal protection promised to all Americans."
What is true for US society in general also applies to the administration of the death penalty. Historically, the death penalty was applied in a manner that was openly and unashamedly biased against people of colour. Current procedures contain legal safeguards intended to prevent the arbitrary or discriminatory imposition of capital sentences. Despite these efforts, racial discrimination in the contemporary US legal system remains deeply ingrained: more subtle than in the past, but equally deadly. The prejudices of police, jurors, judges and prosecutors may be the unconscious byproducts of racial stereotyping. These animosities may also be deliberately concealed, in the knowledge that such attitudes are socially unacceptable. Even local newspapers can share some of the blame when they unconsciously give front page attention to the murder of a prominent white, when at the same time the murder of African American citizens attracts only a few lines in the back section.
Despite overwhelming evidence to the contrary, authorities in the USA vehemently deny that the use of the death penalty is in any way influenced by racial considerations. Most officials would likely accept that instances of racial discrimination are an everyday occurrence in US society, yet few are willing to acknowledge its contamination of the capital judicial system. The refusal of the US authorities to admit and address the obvious taint of racism in the administration of the death penalty itself serves to indicate the extent of the problem.
Amnesty International unconditionally opposes the death penalty under all circumstances. Even if it were possible to create a judicial system entirely free from bias, the punishment of death would still violate the most fundamental of all human rights. Each death sentence is an affront to human dignity: the ultimate form of cruel, inhuman and degrading punishment; every execution deepens the culture of violence.
It is undeniable that the death penalty in the USA is applied disproportionately on the basis of race, ethnicity and social status. Coupled with the near-total failure of the authorities to address or even recognize this reality, the persistent presence of racial bias only reinforces the other convincing arguments against any use of the death penalty.
This report primarily addresses prejudice against the African American community in the USA. However, it should be made clear that discrimination in the criminal justice system is not limited solely to those that are black; prejudice can also apply to any member of other minority groups, including Latinos, Native Americans, Asian Americans and Arab Americans.
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