The Death Penalty in the OSCE Area
impulses, schizophrenia and paranoia, His lawyers claimed this led him to kill a
police officer and made it impossible for him to understand the significance of his
death sentence.129
Non-Discrimination
Among the 3,002 people on death row, 43 per cent are “White”, 42 per cent are
“Black”, and 13 per cent are “Latino”.130 The remaining people on death row are
identified as “Native American”, “Asian” or their race was not identified.131
In December 2014, the judge of the Circuit Court of the Fourteenth Judicial Circuit
in South Carolina exonerated George Stinney Jr., who had been executed in 1944 as
the youngest person in the United States, at the age of 14, after being sentenced to
death by an all-white jury for the murder of two white girls.132 Reportedly, he was
questioned in the absence of his parents and attorney, the trial took only two hours
and his lawyer, a politician from the local community, chose not to appeal.133
In 2015, a University of Nebraska-Lincoln study showed that white individuals
who had reported for jury duty in southern California and were presented with
hypothetical case facts were more likely to recommend the death sentence when
the defendant was identified as “Latino” than when the defendant was identified as
“white”.134
129 Ibid.
130 NAACP website, op. cit., note 108.
131 Ibid.; In contrast, United States Census data from 2010 indicated that 72.4 per cent of the US population self-reported as “White”, 12.6 per cent “Black”, and 16.3 per cent “Hispanic or Latino”. Note that some of those reporting
themselves to be “Hispanic or Latino” may also have identified as “White” or “Black”. See <http://www.census.gov/prod/
cen2010/briefs/c2010br-02.pdf>.
132 “It took 10 minutes to convict 14-year-old George Stinney Jr. It took 70 years after his execution to exonerate him”,
The Washington Post, 18 December 2014, <http://www.washingtonpost.com/news/morning-mix/wp/2014/12/18/therush-job-conviction-of-14-year-old-george-stinney-exonerated-70-years-after-execution/>.
133 Ibid.
134 Tabak, Ronald J., “Chapter 19: Capital Punishment”, in The State of Criminal Justice 2015, American BarAssociation, 2015.
29
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