Watch: Myth #6 - The death penalty applies to everyone equally

MYTH

The death penalty applies to everyone equally, regardless of race, wealth or background. 

FACT

People who are convicted of the same crime receive vastly different penalties, across the world and within the same country or even case.

Murderers considered the 'worst of the worst' usually do not get the death penalty because they are often found severely mentally ill. Ethnic minorities, the poor, the mentally retarded, mentally ill, and sometimes even juveniles are most likely to be executed.  Depending on where you are in the world, you may be sentenced to death for drug smuggling, homosexuality or simply being gullible.

• Race

"One of you two is gonna hang for this. Since you're the nigger, you're elected." - Texas police officer to Clarence Brandley, charged with the murder of a white high school girl. Brandley was later exonerated in 1990 after ten years on death row.

Racial and ethnic disparities mar the American criminal justice system. The ethnicity and race of a defendant is a major factor in determining who lives and who dies in criminal cases.  Race is more likely to affect death sentencing than smoking affects the likelihood of dying from heart disease.

"In 82% of the studies [reviewed], race of the victim was found to influence the likelihood of being charged with capital murder or receiving the death penalty, i.e., those who murdered whites were found more likely to be sentenced to death than those who murdered blacks."- United States General Accounting Office, Death Penalty Sentencing, February 1990

A recent study by the Pew Centre found that black adults were 4 times more likely than whites to be under correctional control. By the end of 2007, 1 in 11 black men were in jail or prison. This leaves little doubt that simply the colour of a defendant’s skin can mean the difference between life and death.

Reprieve's client Kenny Gay, born in Swindon, was convicted along with another man – also sentenced to death - for killing a police officer in Los Angeles. New evidence that Kenny did not fire the gunshots that killed the officer, along with issues of ineffective counsel and conflict of interest, seriously undermined Kenny's conviction and death sentence.  Because Kenny is black and the police officer white, Kenny probably never stood a chance of fair treatment in the courts.

• Poverty

In the US, 95% of people get sentenced to death simply because they cannot afford proper legal representation at their trials. Unable to pay for an attorney, these prisoners are forced to rely on court-appointed lawyers. The average US state appropriates less than .01 percent of their budget for the defence of the indigent. In many jurisdictions across America, burned out attorneys, tired of the heavy caseloads, low salaries and poor working conditions of indigent defence often quit the public sector.

In Middle Eastern countries, death row defendants can be pardoned by the victims' family if they pay “blood money”. Those defendants who can pay this tariff are released, but those without money are usually executed. Recently, in Iran, a lawyer stated: 

"By collecting 200 million tomans ($200,000), you can save the lives of three to four youngsters."

• Mental Illness

Despite being in clear violation of international law, the execution of mentally ill prisoners is alarmingly common. At least five of Reprieve’s current clients have a serious health problem, including severe depression, bi-polar disorder and post-traumatic stress disorder (PTSD). The mental anguish that comes from years of waiting to see if you will live or die, often in solitary confinement for up 23 hours a day, only serves to exacerbate these disorders.

Watch the story of our mentally ill client Akmal Shaikh, who wanted to usher in world peace with a song on rabbits and who was executed in China instead.

• Mental Retardation

People who are mentally retarded are frequently sentenced to death.  These defendants can be easily influenced or intimidated by the police or prosecutor, anxious to please by saying what they believe the authority wants to hear and sometimes even giving a false confession. Mentally retarded defendants are not supposed to face the death penalty. However, many prosecutors dispute the fact that a defendant meets the criteria for mental retardation and should still face the option of being put to death.

See the cases of Ryan Matthews, sentenced to death at age 18, but later exonerated by DNA evidence. He had an IQ of 71. Howard Neal , IQ of 54, confessed to multiple homicides after spending two days in police interrogation without ever seeing a lawyer.

• Juveniles

In violation of international treaties, juvenile prisoners in some countries are executed for petty crimes committed at an age as young as 13.  Today, 21 juveniles wait on death row in Iran with a further 100 awaiting execution for crimes committed before the age of 18. They usually don’t have money. They die.

Watch the story of Mohammed Hassanzadeh , executed by hanging at the age of 16. Another teenager, Atefah was executed in Iran at the age of 16 for adultery, even though she was not married.

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