Racial Bias
Racial discrimination remains a dominant feature of criminal justice in the United States and Alabama. More than half of the over 3300 people on death row nationwide are people of color; nearly 42% are African American. Prominent researchers have demonstrated that a defendant is more likely to get the death penalty if the victim is white than if the victim is black. The key decision makers in death penalty cases across the country are almost exclusively white. Despite decades of evidence showing that the administration of the death penalty is permeated with racial bias, courts and legislatures’ refusal to address race in any comprehensive way reveals a fundamental flaw in America’s justice system.
Each year in Alabama, nearly 65% of all murders involve black victims, yet 80% of the people currently awaiting execution in Alabama were convicted of crimes in which the victims were white. Only 6% of all murders in Alabama involve black defendants and white victims, but over 60% of black death row prisoners have been sentenced for killing someone white.
Although black people in Alabama constitute 27% of the total population, none of the 19 appellate court judges and only one of the 42 elected District Attorneys in Alabama is black. Nearly 63% of the Alabama prison population is black. The State of Alabama disenfranchises more of its citizens as a result of criminal convictions than any other state in the country.
EJI litigates on behalf of criminal defendants whose convictions have been unlawfully obtained on the basis of racial discrimination. In the last ten years, 23 capital cases in Alabama have been reversed after it was proven that prosecutors illegally excluded black people from jury service.
News
Alabama Supreme Court Reverses Death Penalty Case After Finding Evidence of Racial Discrimination in Jury Selection
December 7, 2009On December 4, 2009, the Alabama Supreme Court reversed the case of Jason Sharp, who was sentenced to death following a trial tainted by the State's discrimination against African Americans during jury selection.
New North Carolina Law Aims to Combat Race Bias in Death Penalty
August 12, 2009On August 11, 2009, North Carolina Governor Beverly Purdue signed into law the Racial Justice Act. The legislation recognizes the potential for racial bias in the administration of the death penalty and seeks to limit the influence of race-based discrimination in capital cases.
EJI Honors Kenneth Frazier and Randy Hertz and Celebrates the Release of Bo Cochran and Phillip Shaw
April 7, 2009
Kenneth Frazier (left) won the release of James "Bo" Cochran, who spent 19 years on Alabama's death row for a crime he did not commit.
EJI Wins Relief for Earl McGahee: Eleventh Circuit Holds Prosecutor Illegally Discriminated Against Jurors on Basis of Race
March 5, 2009EJI client Earl McGahee, who is African American, was tried by an all-white jury in a county where the African American population was over 55%. The prosecutor excluded all of the African Americans from jury service based on their race and what he characterized as their "low intelligence." After two decades spent challenging the race discrimination in this case, EJI won relief for Mr. McGahee yesterday when the Eleventh Circuit Court of Appeals reversed his capital murder conviction because the prosecutor engaged in illegal racial discrimination during jury selection.
EJI Attorneys Argue Case Raising Houston County Prosecutor's Racial Discrimination in Jury Selection
October 31, 2008On October 21, 2008, EJI attorneys argued that the Alabama Court of Criminal Appeals should order a new trial for death row prisoner David Wilson because the Houston County prosecutor at his trial illegally eliminated every black potential juror.

