DPIC Report Confirms Systemic Racial Bias in South Carolina Death Penalty

SOUTH CAROLINA — The Death Penalty Information Center has released a new report examining the death penalty in South Carolina and the role race has played in the administration of capital punishment throughout the state’s history. According to DPIC, the state-sanctioned violence has “dis­pro­por­tion­ate­ly affect­ed Black com­mu­ni­ties for more than 150 years.”

According to DPIC, these acts of “racial terror” are not separate from the formal punishment practices historically carried out in the central and western regions of South Carolina. DPIC reports that Lexington County and Greenville County, two counties within the state, account for “13 doc­u­ment­ed racial ter­ror lynch­ings” and “have also imposed 28 death sen­tences on Black defen­dants since 1975.”

DPIC reports that South Carolina has disproportionately sentenced Black youth to death row. The report states that “every juve­nile exe­cut­ed between 1865 and 1972 was Black.” Five people in South Carolina were executed for committing crimes before they turned 21, and DPI reports that four of those individuals were Black.

Marion Bowman, Jr., is the fifth person under 21 to be sentenced to death in South Carolina since Roper v. Simmons, the United States Supreme Court decision that prohibits the death penalty for criminal defendants under 18, was decided in 2005, according to DPI.

DPIC reports that these patterns reflect “broader national patterns of prosecutorial and juror misconduct.” According to DPIC, the report “high­lights cas­es of Black cap­i­tal defen­dants who have endured the use of racial epi­thets in courtrooms.”

The report further documents the “sys­tem­at­ic exclu­sion of Black jurors,” which has led to capital punishment sentences being imposed by “all-white juries.” DPIC states that research into jury selection practices revealed “sig­nif­i­cant racial dis­par­i­ties in cap­i­tal jury selec­tion across the state.”

DPIC reports that research conducted by Ann M. Eisenberg, an associate professor of law at the University of South Carolina School of Law, “found that between 1997 and 2012, Black prospec­tive jurors were exclud­ed for cause at a rate of 56%; a sub­stan­tial­ly high­er rate than that for white prospective jurors.”

The center also referenced an interview conducted with The Marshall Project and Bryan Stevenson, author of Just Mercy and director of the Equal Justice Initiative. Stevenson discussed how the “his­to­ry of slav­ery, lynch­ings, and racial ter­ror in the South played in the racial­­ly-moti­­vat­ed killings of nine black peo­ple in an his­toric black church in Charleston, South Carolina, on June 17, 2015.”

Quoting Stevenson further, DPIC shared what he said he would do as governor of South Carolina. Stevenson stated, “We’re going to abol­ish the death penal­ty, because we have a his­to­ry of lynch­ing and ter­ror that has demo­nized and bur­dened peo­ple of col­or in this state since we’ve became a state.”

In its final statement, DPIC reported on Justice 360, a South Carolina-based organization that is “work­ing to reform poli­cies and prac­tices in cap­i­tal and juve­nile life with­out parole pro­ceed­ings,” and which has developed “a pro­pos­al for a rem­e­dy in response to the his­tor­i­cal racial vio­lence in the state.”

The proposed policy, known as the South Carolina Racial Justice Act, would be “a mod­est but impor­tant step toward rem­e­dy­ing [racial dis­crim­i­na­tion] issues revealed by empirical data,” according to DPIC.

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  • Jonathan Underhill

    Jonathan is a fourth-year Criminology, Law, and Society major at University of California, Irvine. He is very passionate about criminal justice, and plans to work on becoming a public defense attorney to help those in need. He plans to pursue every avenue available to maximize his learning and understanding of the justice system via in person court experience, all while documenting the everyday injustices of criminal court. In his free time Jonathan enjoys photography, rockclimbing, and watching movies with friends and loved ones.

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2 comments

  1. Based upon this article, none of the post 1973 data supports any claim of racism.

    There is this
    “Black prospec­tive jurors were exclud­ed for cause at a rate of 56%; a sub­stan­tial­ly high­er rate than that for white prospective jurors.”

    Polling shows that Blacks oppose the death penalty at higher rates than whites, so no surprise.

    You didn’t tell us who made the “racial epi­thets in courtrooms.” and what resulted from such language.

  2. As I am sure DPIC failed to tell us, there own review of polling in South Carolina shows about 65% of blacks oppose the death penalty, inclusive of Roof’s slaughter of 9 black church goers, with 65% of whites supporting death penalty, making the 56% blacks excluded for cause, seemingly, low.

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