{"id":34338,"date":"2022-08-01T02:34:50","date_gmt":"2022-08-01T02:34:50","guid":{"rendered":"https:\/\/cjstudents.com\/?p=34338"},"modified":"2022-08-01T02:34:50","modified_gmt":"2022-08-01T02:34:50","slug":"in-sc-the-death-penaltys-history-of-racism-continues-evidence-shows","status":"publish","type":"post","link":"https:\/\/cjstudents.com\/index.php\/2022\/08\/01\/in-sc-the-death-penaltys-history-of-racism-continues-evidence-shows\/","title":{"rendered":"In SC, the death penalty&#8217;s history of racism continues, evidence shows"},"content":{"rendered":"<p> [ad_1]<\/p>\n<div id=\"content-9614952002\">\n<p class=\"dropcap\">Thirty-five men sit on South Carolina\u2019s death row while the state <a target=\"_blank\" href=\"https:\/\/www.goupstate.com\/story\/news\/2022\/04\/14\/judge-denies-motion-dismiss-civil-case-south-carolina-death-penalty-cases-inmates\/7310981001\/\" rel=\"noopener\">enters civil litigation<\/a> to implement the firing squad and default to using\u00a0the electric chair \u2013 methods hardly used in\u00a0modern history \u2013 against a backdrop of growing opposition to capital punishment nationwide.\u00a0<\/p>\n<figure data-layout=\"center-well\" id=\"asset-10159538002\" class=\"indepth-image rail-container zoomable\" style=\"--img-height: 2684;--img-width: 1688\"><img decoding=\"async\" alt=\"Fred Singleton, then 39, heads to trial in 1983. He\u2019s now 77.\" height=\"2684\" width=\"1688\" loading=\"lazy\" src=\"https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg\" srcset=\"https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=100 100w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=200 200w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=300 300w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=600 600w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=800 800w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=1100 1100w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=1500 1500w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=2000 2000w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=2500 2500w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=3000 3000w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=3500 3500w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=4000 4000w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=4500 4500w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=5000 5000w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/27\/PGRE\/8286886b-6c45-49ba-89a3-d4fc2e6101d5-sketch_SINGLETON_1.jpg?width=5500 5500w\" sizes=\"auto, (min-width: 768px) 26vw, 100vw\"\/><figcaption class=\"indepth-image__caption\">Fred Singleton, then 39, heads to trial in 1983. He\u2019s now 77.<br \/>\n<span class=\"indepth-image__credit\">Photo illustration<\/span><\/figcaption><\/figure>\n<p>The death penalty has a well-known racist past. It has historically been used\u00a0disproportionately against Black men, and most often when victims are white. The number of people sentenced to death who are later exonerated continues to grow, sometimes even after the <a target=\"_blank\" href=\"https:\/\/www.washingtonpost.com\/news\/morning-mix\/wp\/2014\/12\/18\/the-rush-job-conviction-of-14-year-old-george-stinney-exonerated-70-years-after-execution\/\" rel=\"noopener\">irreversible punishment<\/a> has been carried out.<\/p>\n<p>Further, the death penalty in South Carolina and other states is often pursued by a small number of prosecutors and driven by false narratives or a desire to appear tough on crime.<\/p>\n<p>Not to mention that 50 years ago, the U.S. Supreme Court decided in a landmark decision, Furman v. Georgia, that the use of the death penalty was unconstitutional, a short-lived ruling that evolved into decades of controversy and injustice.<\/p>\n<p>The Greenville News reviewed the cases of the 35 men on death row to find the following:<\/p>\n<aside class=\"in-depth-list links\" data-in-view-event=\"list block\">\n<ul>\n<li>More than half of the men on death row are people of color.<\/li>\n<li>Nearly half the 35 cases on death row were tried in four counties. Ten counties in the state have never tried a death penalty case in the modern era.<\/li>\n<li>Fourteen of the 35 people on\u00a0death row were prosecuted by four solicitors.<\/li>\n<li>Most of the men on death row were sentenced during the early and mid-2000\u2019s. Only three\u00a0men have been added to death row since 2010.<\/li>\n<li>Fourteen of the 35 men on death row have been there for 20 years or more. One has been on death row for 38 years, roughly half his 77 years.<\/li>\n<\/ul>\n<\/aside>\n<p>In 1972, the high court was posed with deciding whether carrying out the death penalty was cruel and unusual punishment under the Eighth and Fourteenth Amendments.<\/p>\n<p>With a one-page joint opinion, the court held the answer was yes. Hundreds of pages of individual concurring opinions and dissents discussed complicated views on the historically controversial method of punishment.<\/p>\n<p>The justices concurred the death penalty was arbitrarily and discriminatorily used, and often racially biased toward Black defendants. They could find no rational explanation for why some defendants were sentenced to death and others were not. Justices Thurgood Marshall and William Brennan wrote the <a target=\"_blank\" href=\"https:\/\/www.oyez.org\/cases\/1971\/69-5030\" rel=\"noopener\">method was unconstitutional<\/a> in any circumstance.<\/p>\n<div class=\"center-well\" id=\"10032932002\" data-in-view-event=\"shareable-quote\">\n<figure class=\"component component--pullquote hide-line\"><figcaption class=\"component--pullquote__attribution\">Madalyn Wasilczuk, assistant professor at the University of South Carolina School of Law<\/figcaption><blockquote class=\"component--pullquote__text\"><span>\u201cIt should disturb us that 60% of the time that we convict someone and say we&#8217;re going to execute them that it later gets overturned. I mean, that&#8217;s worse than a coin flip.\u201d<\/span><\/p><\/blockquote>\n<\/figure>\n<\/div>\n<p>The death penalty itself was dead.<\/p>\n<p>But in response, states restructured sentencing schemes and capital punishment statutes to attempt to implement the death penalty in less capricious ways. It was revisited only four years later in Gregg v. Georgia.<\/p>\n<p>Georgia\u2019s new statute specifically implemented a two-fold process where the criminal trial and sentencing\u00a0are conducted separately, and the state Supreme Court\u2019s new procedures compared death sentences to similar cases to determine whether capital punishment was disproportionate. With a <a target=\"_blank\" href=\"https:\/\/www.oyez.org\/cases\/1975\/74-6257\" rel=\"noopener\">7-2 majority<\/a>, the Supreme Court ruled the death penalty did not violate the Constitution when applied in a judicious manner.<\/p>\n<p>What criminal justice experts call the \u201cmodern era\u201d of the death penalty began and the method was reinstated.<\/p>\n<p>South Carolina adopted a similar two-fold process and updated guidance for the death penalty in 1977. The state Supreme Court upheld the statute and further noted the mandatory appeals process served as \u201can additional check against the random imposition of the death penalty.\u201d<\/p>\n<p>Since 1985, South Carolina has <a target=\"_blank\" href=\"https:\/\/scholarship.law.cornell.edu\/cgi\/viewcontent.cgi?article=2637&amp;context=facpub\" rel=\"noopener\">executed 43 people<\/a> and none in the past decade as the South Carolina Department of Corrections\u00a0struggles to <a target=\"_blank\" href=\"https:\/\/www.greenvilleonline.com\/story\/news\/local\/south-carolina\/2022\/03\/24\/sc-attorneys-say-cases-should-heard-before-execution-dates-set\/7152438001\/\" rel=\"noopener\">obtain drugs for lethal injection<\/a>. Even so, the state is pushing to keep the death penalty alive in its legal fight to implement the firing squad and default to the electric chair for the remaining men on death row.<\/p>\n<div class=\"custom-chapter-marker serif\" id=\"death-rows-persistent\" data-position=\"top\" data-layout=\"body-width\">\n<div class=\"chapter-marker-image-wrapper\"><img decoding=\"async\" src=\"https:\/\/www.gannett-cdn.com\/indepth-static-assets\/uploads\/master\/9614952002\/691a55cd-15b3-450d-a8e4-5f189e9c24d9-brown-line.jpg\" alt=\"Death Row\u2019s Persistent Roots in Racial Bias \u00a0\"\/><\/div>\n<\/div>\n<p>During slavery, capital punishment was used to control Black populations and during the post-Civil war era was frequently carried out in public in Southern states, often indistinguishable from lynchings, according to <a target=\"_blank\" href=\"https:\/\/files.deathpenaltyinfo.org\/documents\/reports\/Enduring-Injustice-Race-and-the-Death-Penalty-2020.pdf\" rel=\"noopener\">a report<\/a> from the Death Penalty Information Center.<\/p>\n<p>The <a target=\"_blank\" href=\"https:\/\/legacy.npr.org\/programs\/morning\/features\/2001\/apr\/010430.execution.html\" rel=\"noopener\">last public execution<\/a> occurred in August 1936 in Kentucky when Rainey Bethea, a 26-year-old Black man, was hanged after being accused of raping and murdering an elderly white woman. Roughly 20,000 people were in attendance.<\/p>\n<div class=\"center-well\" id=\"10032558002\">\n<figure class=\"component component--pullquote hide-quote component--pullquote-light component--pullquote-text-medium\" style=\"--font-color: #875945\">\n<blockquote class=\"component--pullquote__text\"><p><span>According to the Equal Justice Initiative, between 1910 and 1950, 75% of people executed in the South were Black despite African Americans only making up 22% of the population over that time.<\/span><\/p><\/blockquote>\n<\/figure>\n<\/div>\n<p>According to the Equal Justice Initiative, a nonprofit that provides legal representation to people who have been unfairly sentenced or illegally convicted, between 1910 and 1950, <a target=\"_blank\" href=\"https:\/\/lynchinginamerica.eji.org\/report\/\" rel=\"noopener\">75% of people<\/a> executed in the South were Black despite African Americans making up only 22% of the population over that time.<\/p>\n<p>The NAACP\u2019s Legal Defense Fund (LDF) began a campaign in the 1940s and 50s to challenge the death penalty as racially-biased and unconstitutional. This <a target=\"_blank\" href=\"https:\/\/www.naacpldf.org\/case-issue\/furman-v-georgia\/\" rel=\"noopener\">effort ultimately<\/a> led to U.S. Supreme Court\u2019s Furman decision in 1972.<\/p>\n<p>Though racial discrimination was noted as a concern in justice opinions for Furman, the primary issue was arbitrary application and unguided discretion in the judicial procedure of capital punishment.<\/p>\n<p>At least <a target=\"_blank\" href=\"https:\/\/scholarship.law.georgetown.edu\/cgi\/viewcontent.cgi?article=1001&amp;context=hartlecture\" rel=\"noopener\">35 states reworked<\/a> capital punishment statutes to appeal to the court. Changes\u00a0to appear less arbitrary introduced in state legislatures included\u00a0separate trials for convictions and sentencing, requiring aggravated circumstances to seek the death penalty and permission for defense teams to present mitigating factors in court, such as a history of mental health problems or abusive family backgrounds.<\/p>\n<div class=\"center-well\" id=\"10178732002\" data-in-view-event=\"shareable-quote\">\n<figure class=\"component component--pullquote hide-line\"><figcaption class=\"component--pullquote__attribution\">Alexis Hoag-Fordjour, professor and co-director of the Center for Criminal Justice at Brooklyn Law School<\/figcaption><blockquote class=\"component--pullquote__text\"><span>&#8220;The real desire after Furman was to create somehow a death sentencing scheme that could be fair. I think that\u2019s a legal fiction. When you have human beings involved in making decisions, you\u2019re always going to have some sort of bias or prejudice seep in.\u201d<\/span><\/p><\/blockquote>\n<\/figure>\n<\/div>\n<p>In the Gregg v. Georgia decision in 1976, the Supreme Court ruled the concerns outlined in Furman could be addressed with these new statutes and sentencing schemes.<\/p>\n<p>\u201cDespite the continuing debate, dating back to the 19th century, over the morality and utility of capital punishment, it is now evident that a large proportion of American society continues to regard it as an appropriate and necessary criminal sanction,\u201d wrote Justice Potter Stewart <a target=\"_blank\" href=\"https:\/\/www.nytimes.com\/1976\/07\/03\/archives\/excerpts-from-decisions-by-supreme-court-justices-on-death-penalty.html\" rel=\"noopener\">in his opinion<\/a> in Gregg.<\/p>\n<p>&#8220;The real desire after Furman was to create somehow a death sentencing scheme that could be fair. I think that\u2019s a legal fiction,\u201d said Alexis Hoag-Fordjour, professor and co-director of the Center for Criminal Justice at Brooklyn Law School. \u201cWhen you have human beings involved in making decisions, you\u2019re always going to have some sort of bias or prejudice seep in.\u201d<\/p>\n<p>A decade after Gregg, the Supreme Court was presented with a direct challenge that the death penalty was racially biased in McCleskey v. Kemp.<\/p>\n<p>Defense for Warren McCleskey, a Black man convicted of the murder of a white policer officer, argued that an empirical study of over 2,000 murder cases in Georgia found race was a significant indicator for who received the death penalty. The author, David Baldus from the University of Iowa, found a murder defendant was 4.3 times greater to be sentenced to death if the victim was white.<\/p>\n<p>The <a target=\"_blank\" href=\"https:\/\/www.oyez.org\/cases\/1986\/84-6811\" rel=\"noopener\">high court rejected<\/a> the claim 5 to 4. The justices acknowledged the evidence, but it wasn\u2019t enough for McCleskey\u2019s case specifically. Justice Lewis Powell wrote in the decision \u201cif we accepted McCleskey\u2019s claim that racial bias has impermissibly tainted the capital sentencing decision, we could soon be faced with similar claims as to other types of penalty.\u201d<\/p>\n<p>The McCleskey decision effectively ended future opportunities to challenge sentencing with patterns of racial bias, even as those patterns continue today.\u00a0<\/p>\n<p>According to state sentencing data provided by Justice 360, a nonprofit organization in SC working to reform policies and practices in capital cases, Black defendants make up 46.9% of those sentenced to death in the modern era, while white defendants make up 51.9%. However, only 16.9% of defendants have been sentenced to death for killing a Black victim, while 80.9% of defendants have been sentenced for killing a white victim.<\/p>\n<p>\u201cThat&#8217;s a pattern that persisted since the beginning of the modern era, and that has also persisted in the pre-modern era, throughout the history of the death penalty in South Carolina from colonial times forward,\u201d said John Blume, former director of South Carolina Death Penalty Resource Center and professor at Cornell University. \u201cIt was almost all exclusively reserved for people that kill white people, and primarily Black people that kill white people.\u201d<\/p>\n<p>Almost half of the men currently sitting on death row in South Carolina are Black, though Black people make up only <a target=\"_blank\" href=\"https:\/\/www.census.gov\/quickfacts\/SC\" rel=\"noopener\">27% of the state\u2019s population<\/a>.\u00a0<\/p>\n<div class=\"center-well\" id=\"10032745002\" data-in-view-event=\"shareable-quote\">\n<figure class=\"component component--pullquote hide-line\"><figcaption class=\"component--pullquote__attribution\">South Carolina State Supreme Court Justice Kaye G. Hearn<\/figcaption><blockquote class=\"component--pullquote__text\"><span>\u201cFrom 1985 to 2001, there were 21\u00a0cases in Spartanburg County where a death notice was filed, and in all but one the victim was white.&#8221;<\/span><\/p><\/blockquote>\n<\/figure>\n<\/div>\n<p>\u201cThat translates to an undervaluation of victims who are not white,\u201d Hoag-Fordjour said. \u201cLawmakers wanted to hang on to the death penalty for political reasons and convince themselves that they can carry it out in a constitutional way and you just can\u2019t.\u201d<\/p>\n<p>Even in the recent state Supreme Court decision denying relief to death row inmate Richard Moore, a Black man from Spartanburg convicted for the murder of James Mahoney, the dissent of Justice Kaye G. Hearn <a target=\"_blank\" href=\"https:\/\/www.sccourts.org\/opinions\/HTMLFiles\/SC\/28088.pdf\" rel=\"noopener\">noted the role<\/a> race played in his case.<\/p>\n<p>\u201cFrom 1985 to 2001, there were 21\u00a0cases in Spartanburg County where a death notice was filed, and in all but one the victim was white. As Moore highlights in his petition for habeas relief, during the first eight years of that timeframe, the solicitor&#8217;s office sought the death penalty in 43% of death eligible cases involving a white victim but not once in a case with a black victim,\u201d Hearn wrote.<\/p>\n<p>\u201cI fully acknowledge the Supreme Court has held that general patterns of racial discrimination are not enough to prove an arbitrary sentence,\u201d she wrote, acknowledging the McCleskey decision. \u201cBut it is disingenuous to discount the factor race plays.\u201d<\/p>\n<p>When The Greenville News inquired about racial disparities and arbitrary use of the death penalty to Gov.\u00a0Henry McMaster&#8217;s office, spokesperson Brian Symmes simply pointed to previous statements from the Governor including tweets regarding the legislation to implement a firing squad.\u00a0<\/p>\n<p>&#8220;This weekend, I signed legislation into law that will allow the state to carry out a death sentence,&#8221; Gov. McMaster tweeted last May when the legislation passed. &#8220;The families and loved ones of victims are owed closure and justice by law. Now, we can provide it.&#8221;<\/p>\n<div class=\"custom-chapter-marker serif\" id=\"wrong-place-wrong\" data-position=\"top\" data-layout=\"body-width\">\n<div class=\"chapter-marker-image-wrapper\"><img decoding=\"async\" src=\"https:\/\/www.gannett-cdn.com\/indepth-static-assets\/uploads\/master\/9614952002\/691a55cd-15b3-450d-a8e4-5f189e9c24d9-brown-line.jpg\" alt=\"Wrong place, wrong time?\"\/><\/div>\n<\/div>\n<p>Majority of the men currently on South Carolina\u2019s death row were sentenced during the early and mid-2000s and many trials were concentrated in a handful of counties and judicial circuits. Experts and researchers say this has much more to do with political influence than judicial guidance.<\/p>\n<p>Of the 35 cases on death row, five\u00a0were tried in Lexington County, four\u00a0in Spartanburg County, three\u00a0in Greenville County and three\u00a0in Horry County. Three other counties have at least two\u00a0defendants on death row currently and the others are a county\u2019s sole case.<\/p>\n<p>Like the concentration of sentences in a few counties, a handful of solicitors have prosecuted a concentrated number of cases for the\u00a0men on death row. Four were prosecuted by former 13th Circuit Solicitor\u00a0Bob Ariail, four\u00a0by former 15th Circuit Solicitor and current state senator\u00a0Greg Hembree, three by former 7th Circuit Solicitor\u00a0Trey Gowdy\u00a0and three\u00a0by former 1st Circuit Solicitor Walter Bailey.<\/p>\n<figure data-layout=\"center-well\" id=\"asset-10178879002\" class=\"indepth-image rail-container zoomable\" style=\"--img-height: 2464;--img-width: 1786\"><img decoding=\"async\" loading=\"lazy\" src=\"https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg\" srcset=\"https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=100 100w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=200 200w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=300 300w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=600 600w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=800 800w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=1100 1100w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=1500 1500w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=2000 2000w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=2500 2500w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=3000 3000w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=3500 3500w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=4000 4000w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=4500 4500w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=5000 5000w,https:\/\/www.gannett-cdn.com\/presto\/2022\/07\/28\/PGRE\/2cf9906d-bec2-46e5-bee1-2a5d8e42fe5c-sketch_BRYANT_III_RETRIAL.2.jpg?width=5500 5500w\" sizes=\"auto, (min-width: 768px) 26vw, 100vw\" alt=\"Former 15th solicitor and current state senator, Greg Hembree, at a trial for James Bryant III in 2001.\" height=\"2464\" width=\"1786\"\/><figcaption class=\"indepth-image__caption\">Former 15th solicitor and current state senator, Greg Hembree, at a trial for James Bryant III in 2001.<br \/>\n<span class=\"indepth-image__credit\">Photo illustration<\/span><\/figcaption><\/figure>\n<p>Solicitor Barry Barnette, the current 7th Circuit solicitor representing\u00a0Spartanburg and Cherokee County, has prosecuted\u00a0one of the 35 men on death row and recently <a target=\"_blank\" href=\"https:\/\/www.goupstate.com\/story\/news\/2022\/07\/07\/spartanburg-county-solicitor-pursues-death-penalty-killing-deputy-austin-aldridge\/10009467002\/\" rel=\"noopener\">issued a notice<\/a> to seek the death penalty for Duane Leslie Heard for the murder of Deputy Austin Aldridge. Solicitor Barnette declined to be interviewed for this story.\u00a0<\/p>\n<p>Research by Blume and Justice 360 director Lindsey Vann on South Carolina\u2019s death penalty published in the Duke Journal of Constitutional Law &amp; Public Policy <a target=\"_blank\" href=\"https:\/\/scholarship.law.cornell.edu\/cgi\/viewcontent.cgi?article=2637&amp;context=facpub\" rel=\"noopener\">in 2016<\/a> found that four solicitors are\u00a0responsible for a third of the state\u2019s death sentences since 1976. Of the 233 death sentences reviewed in that research, a quarter were from Lexington or Horry counties.<\/p>\n<p>Vann is also one of the attorneys representing Richard Moore and three other men on death row in the civil litigation challenging the state\u2019s execution methods.<\/p>\n<p>\u201cThere&#8217;s some counties in the state where nobody&#8217;s been sentenced to death,\u201d Blume said. \u201cThere&#8217;s this kind of geographical arbitrariness. It&#8217;s where you commit the crime, in a place, at a time when you have a prosecutor who&#8217;s seeking death.\u201d<\/p>\n<p>Blume said the number of death sentences and executions in the 90s is in response to national politics \u2013 the myth of the super predator, harsh sentencing laws and a higher amount of public support.<\/p>\n<div class=\"center-well\" id=\"10032884002\">\n<figure class=\"component component--pullquote hide-quote component--pullquote-light component--pullquote-text-medium\" style=\"--font-color: #875945\">\n<blockquote class=\"component--pullquote__text\"><p><span>Four solicitors are responsible for a third of the state\u2019s death sentences since 1976. Of the 233 death sentences reviewed, a quarter were from Lexington or Horry counties.<\/span><\/p><\/blockquote>\n<\/figure>\n<\/div>\n<p>\u201cThat has a half-life, which kind of goes down into the 2000s,\u201d he said. \u201cThen it starts to go the other way, which I think is part of a variety of different things.\u201d<\/p>\n<p>Blume said one factor leading to fewer death sentences is the opportunity to sentence people to life without the possibility of parole, which wasn\u2019t available in <a target=\"_blank\" href=\"https:\/\/www.scstatehouse.gov\/query.php?search=DOC&amp;searchtext=life%20imprisonment&amp;category=LEGISLATION&amp;session=111&amp;conid=37258031&amp;result_pos=0&amp;keyval=1113096&amp;numrows=10\" rel=\"noopener\">South Carolina until 1996<\/a>. Another is the number of exonerations and more people\u00a0eventually found innocent during the modern era which is now shaping public opinion on capital punishment.<\/p>\n<p>According to DPIC, 186 death-row inmates have been <a target=\"_blank\" href=\"https:\/\/deathpenaltyinfo.org\/facts-and-research\/dpic-reports\/dpic-year-end-reports\/the-death-penalty-in-2021-year-end-report\" rel=\"noopener\">legally exonerated<\/a> since 1973. The data represents one exoneration for every 8.3 people who have been sentenced to death in the modern era. In South Carolina, 60% of death sentences have been reversed since 1976, according to data from Justice 360.<\/p>\n<p>\u201cIt should disturb us that 60% of the time that we convict someone and say we&#8217;re going to execute them that it later gets overturned,\u201d\u00a0Madalyn Wasilczuk, assistant professor at the University of South Carolina School of Law said.\u00a0\u201cI mean, that&#8217;s worse than a coin flip.\u201d<\/p>\n<p>Fourteen of the 35 men on South Carolina\u2019s death row have been there for 20 or more years, some in various stages of the appeals process and some deemed incompetent by the courts for a new trial or to be executed at all.<\/p>\n<p>&#8220;There are very few people coming on the row,&#8221; said Blume. &#8220;Some of these people are going to win in their appeal, or some of them aren&#8217;t going to be executed because they&#8217;re incompetent. Probably some of them will be executed. But eventually I think the number&#8217;s going to become so small, at some point somebody&#8217;s gonna go, \u2018Why are we doing this?\u2019\u201d<\/p>\n<p>Only three of the men currently on South Carolina&#8217;s death row were sentenced after 2010.<\/p>\n<p>In 2015, the U.S. Supreme Court <a target=\"_blank\" href=\"https:\/\/www.nytimes.com\/2015\/06\/30\/us\/supreme-court-execution-drug.html\" rel=\"noopener\">questioned the constitutionality<\/a> of the death penalty again in Glossip v. Gross, a case brought by Oklahoma death row inmates that said the state\u2019s one-drug lethal injection protocol caused severe pain and violated the Eighth Amendment. While the high court rejected the claim 5-4, a dissent written by Justice Stephen Breyer argued the death penalty needed to be evaluated on current social and legal standards.<\/p>\n<p>Breyer noted research has continuously proven factors other than the crime, such as race and gender, location, and political pressure have had influence on the use of capital punishment and that arbitrariness \u201c<a target=\"_blank\" href=\"https:\/\/www.oyez.org\/cases\/2014\/14-7955\" rel=\"noopener\">results in the punishment being unconstitutionally crue<\/a>l.\u201d<\/p>\n<p>\u201cIn 1976, the Court thought that the constitutional infirmities in the death penalty could be healed, the Court in effect delegated significant responsibility to the states to develop procedures that would protect against those constitutional problems. Almost 40 years of studies, surveys, and experience strongly indicate, however, that this effort has failed,\u201d Breyer wrote.<\/p>\n<p><em>Kathryn Casteel is an investigative reporter with\u00a0The Greenville News and can be reached\u00a0at KCasteel@gannett.com or on Twitter @kathryncasteel.\u00a0<\/em><\/p>\n<\/div>\n<p>[ad_2]<br \/>\n<br \/><a href=\"https:\/\/www.greenvilleonline.com\/in-depth\/news\/2022\/08\/01\/sc-death-penalty-history-racism-continues-investigation-shows\/9614952002\/\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>[ad_1] Thirty-five men sit on South Carolina\u2019s death row while the state enters civil litigation&#8230;<\/p>\n","protected":false},"author":1,"featured_media":34339,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[],"class_list":["post-34338","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-learningtheory"],"_links":{"self":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/34338","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/comments?post=34338"}],"version-history":[{"count":1,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/34338\/revisions"}],"predecessor-version":[{"id":34340,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/posts\/34338\/revisions\/34340"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media\/34339"}],"wp:attachment":[{"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/media?parent=34338"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/categories?post=34338"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cjstudents.com\/index.php\/wp-json\/wp\/v2\/tags?post=34338"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}