The bias in the application of the death penalty that led to its declaration as unconstitutional is primarily known as "racial bias." The Supreme Court case Furman v. Georgia (1972) deemed the death penalty's application unconstitutional because it showed clear racial disparities. The case argued that the death penalty was administered in an arbitrary and discriminatory manner, with Black defendants more likely to receive capital punishment than their White counterparts.
The Furman decision revealed a pattern indicating that race played a significant role in determining who received the death penalty. The statistical evidence presented showed that African Americans were more likely to be sentenced to death and executed for similar crimes compared to White defendants. The Court recognized this racial bias as a violation of the Eighth Amendment's prohibition of "cruel and unusual punishment" and the Fourteenth Amendment's guarantee of equal protection under the law.
Although Furman did not abolish the death penalty outright, it effectively placed a moratorium on its application in the United States. Several states subsequently revised their capital punishment statutes to address the issue of racial bias, which ultimately led to the reinstatement of the death penalty in 1976 with the case Gregg v. Georgia. However, racial disparities in the application of the death penalty are still subject to ongoing debate and scrutiny today.
What bias in the application of the death penalty led to it being declared unconstitutional?
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