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Discrimination within the Death Penalty

also helps explain why the mentally retarded do not get fair trials either and, even with the mentality of a child, can end up on death row.The astronomical costs of representation in federal death penalty cases stems from the sever pressure the cases place on the attorneys along with several other factors. These factors may include the following: skill of the counsel, the amount of time the lawyer has to spend on the case, the hourly rate of the lawyer, and the additional expert or investigative services. (Federal Death Penalty) The defense must also worry about two trials since death penalty cases are bifurcated trials. This means the guilt or innocence is decided in the first part while the punishment is decided in the second phase. Lawyers have to be very familiar with sentencing guidelines, speed trial act, rules of evidence and procedure, and the specifics of the federal death penalty law (Federal Death Penalty). A court appointed attorney normally does not have the experience to be effective in this type of trial.Race:Hutchinson, Death Penalty, 4Race also plays a prominent role in sentencing for the death penalty as it normally coincides with socioeconomic status in this country. Based on current rates of first incarceration, an estimated 28% of black males will enter State or Federal prison during their lifetime, compared to 16% of Hispanic males and 4.4% of white males (Bureau of Justice). This statistic is important because prior criminal convictions normally lead to the types of crimes that are tried for the death penalty. Race is more likely to affect death sentencing than smoking affects the likelihood of dying from heart disease (Dieter). In cases where the act is very heinous, race plays less of a part. But, unfortunately or fortunately depending on how one examines it, these cases are fewest in number.The defendants to victim ratios of the actual executions are very obviously racially skewed as this table illus...

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