JUSTICE FOR MINORITIES

Society Must Address Reasons For Disparities

Maybe the criminal justice system really doesn't intentionally discriminate
against minorities, but that doesn't change the facts.

The Justice Department asserted in September and after further study said
it again this month - the federal death penalty system is not biased. The
new report noted, "Decisions to seek the death penalty were less likely at
each stage of the process for black and Hispanic defendants than for white
defendants."

That is true. Yet the total number of minority defendants for whom the
Justice Department sought the death penalty was more than twice the number
of whites. The reason for this, the Justice Department said, is that the
number of minority defendants is larger.

Why is that?

The department says federal capital cases are often drug-related with
higher minority involvement. Marijuana trafficker Juan Raul Garza is a case
in point. The Hispanic Texan is scheduled for federal execution June 19 for
the murder of three associates.

The attorney general has ordered the National Institute of Justice to study
how cases are brought into the federal system, since many could be
prosecuted under state laws.

Beyond the federal system, a broader question of criminal justice bias
needs to be addressed. Federal defendants account for only about 0.5
percent of death row inmates. It is under state justice systems that over
3,500 await execution, with more than half being minorities - mainly black men.

The situation is tragic. Based on current rates of incarceration, 28
percent of black males will enter state or federal prison during their
lifetimes, compared to 16 percent of Hispanic males and 4.4 percent of
white males.

That means, look at four little African-American boys in kindergarten today
and just write one off.

Unless something changes. Texas' Legislature approved bills to stop racial
profiling and to assure minimum standards for indigent defense - Gov. Rick
Perry needs to sign these.

These bills might stop some of the racial and ethnic bias, but they won't
stop the discrimination that comes with being poor. The disproportionate
sentencing of minorities no doubt also reflects their higher rates of poverty.

America doesn't have to wait for a federal study to know that rich men
typically don't end up on death row. Addressing underlying socioeconomic
issues - particularly education - is as important as redressing any bias in
the justice system.