EXOD596 Problems in Applying the Death Penalty. It is inaccurate to claim that the death penalty represents the Torah prescription of an “eye for eye, tooth for tooth” and “life for life.” (Exodus 21:23-27). The truth is that the death penalty is imposed in such an arbitrary manner that there is no guarantee that it will be imposed only on those who actually deserve it. Prosecutors have enormous discretion. Defendants who have committed heinous killings may receive reduced sentences because their testimony is needed against co-defendants. However, the two biggest factors at play in deciding who will be subject to the death penalty are geographic location and race. In some large jurisdictions, there are so many killings that a number of those who kill in a manner that would result in the death penalty elsewhere do not end up facing the death penalty. On the other hand, small, rural jurisdictions are notorious for being particularly aggressive in seeking the death penalty. A defendant who robs and kills a convenience store owner may face the death penalty in one town and only a life sentence in another. However, race is the biggest elephant in the room. Although the Supreme Court has refused to strike down the death penalty as discriminatory per se, it has repeatedly recognized that racism pervades the criminal justice system. [There are many ways this racism is evidenced in the criminal justice system. First, there are a disproportionate number of people of color who are criminal defendants. For example, although Black Americans make up only 12.7% of the US population, they make up 48.2% of all adults in prisons and jails. Second, people of color tend to be targeted by law enforcement. Because of racial profiling, Blacks and Hispanics are substantially more likely to be stopped by the police. For more information regarding racism in the criminal justice system, see “Factsheet: How is the Criminal Justice System Racist?” Defending Justice: An Activist Resource Kit, Public Research Associates (2005). Available at http://www.publiceye.org/defendingjustice/pdfs/factsheets/10-Fact%20Sheet%20-%20System%20as%Racist.pdf; note: link inoperative when access attempted on 5/11/2021-AJL] Studies show that a person who kills a white victim is almost four times more likely to receive the death penalty than a person who kills a non-white victim. At least 55% of inmates currently sitting on death row are minorities. [Death Penalty Information Center, “Facts About Death Penalty,” Oct. 15, 2008 Available at http://www.deathpenaltyinfo.org] More subtle racism also influences the system. Nearly every year, the Supreme Court decides a case in which prosecutors have intentionally sought to dismiss minorities from juries in death penalty cases in attempt to keep away potentially sympathetic jurors. Thus, the death penalty is not applied on an even playing field. If a minority defendant is on trial, the field is tilted toward a capital verdict. The death penalty is also a very expensive proposition. The cost of keeping an inmate incarcerated for life is significantly less than that of prosecuting a capital case through the appellate process. Capital defendants are entitled to two sets of everything--two sets of lawyers, two stages of a trial (the guilty phase and the penalty phase), and two sets of appeals (direct appeals and habeas corpus proceedings). If voters just voted based on their pocketbooks, they would outlaw the death penalty tomorrow. Because of these necessary procedural guarantees, some jurisdictions have tried to contain costs by paying capital defense lawyers rock bottom salaries. For example, in Alabama, a lawyer handling a death penalty case is paid less than $2,000 to investigate and prepare a capital case, including the preparation of a post-conviction appeal. If the lawyer spends a minimum of 500 hours on the capital case, he or she then earns $4 per hour. As they say, “You get what you pay for.” Unfortunately, this means that poor defendants are much more likely to receive the death penalty just because they do not have the resources to defend their case. (By Laurie L. Levenson, "Judaism and CriminalJustice"