Race, Ethnicity, Gender & Geography
Litigation Guide
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Affidavits
- Race and Proportionality in Federal Capital Prosecutions, Declaration of Kevin McNally (October 4, 2008).
- Race of Victim in Federal Capital Prosecutions, Declaration of Lauren Cohen Bell, Ph.D. (October 3, 2008).
- Gender and Race of Victims in Federal Capital Prosecutions Since 2000, Declaration of Kevin McNally (Dec. 5, 2007).
- Potential Federal Capitol Cases Involving Witness Killings, Declaration of Kevin McNally (Dec. 5, 2007).
- Race of Defendant and Victim, Declaration of Kevin McNally.
- Affidavit of Dick Burr in Support of Complaint of Juan Raul Garza
- Frequency and Race of Defendant, Declaration of Kevin McNally
- Gender and Race of Defendants and Victims in Federal Capital Prosecutions, Declaration of Kevin McNally (September 17, 2008)
- Gender and Race of Victims in Federal Capital Prosecutions, Declaration of Lauren Cohen Bell, Ph.D. (September 16 ,2008)
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June 6, 2001 - DOJ Report on the Federal Death Penalty System
- US Senate Judiciary Committee Hearing on the Nomination of John Ashcroft, Questions submitted by Senator Feingold
- DOJ responses to questions arising out of congressional 'Oversight of the Federal Death Penalty' hearing, December 27, 2007
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Guilty pleas by race
- Over the 12-year period covered by DOJ's study between 1988 and 2000, 49 %
(24 of 49) of white defendants for whom the Attorney General authorized the death penalty were subsequently
allowed to plead guilty, thus avoiding the death penalty. See
Survey of the Federal Death Penalty System (1998 - 2000), United States Department of Justice, Sec. B
(1) Plea Agreements, 33-35 (September 12, 2000).
- By contrast, only 27% (28 out of 105) of African-American defendants and 27%
(10 out of 37) of Hispanic defendants authorized for the death penalty
were allowed to plead guilty. Thus, white capital defendants have been
almost 75 percent more likely than Hispanic and African-American defendants
to benefit from a plea agreement. See Table: Racial/Ethnic
Disparities in Federal Death Penalty Decision-Making 1988-2000].
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Graphical Data
- Chart Odds of facing the death penalty based on race under AG Gonzales, April 14, 2006
- Chart ATTORNEY GENERAL ASHCROFT - AT A GLANCE!
- Chart Showing Race of Defendants Authorized for Federal Capital Prosection.
- Chart Showing Percentage of Federal Capital Defendants Who Pled Guilty - By Race
- Chart Geographic Breakdown of Federal Death Penalty Cases, July 14, 2006
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Memorandums
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Motions
- Motion for Life Sentence Due to Victim Related Racial and Gender Discrimination, U.S. v. Friend and Lecco (S.D. W.Va. 2007)
PDF
- U.S. v. Quinones, Motion to Bar Death Based on Ethnic Discrimination ( in
PDF or
Word Perfect format)
- Renewed Motion for Life Sentence due to victim related racial and gender discrimination or for discovery, U.S. v. Friend and Lecco (S.D.W. Va. 2008) (contains affidavits as exhibits)
PDF,
Exhibit A,
Exhibit B,
Exhibit C