Introduction

The United States is a great country that has always stood up for democracy and helped when human rights were violated, so why is there still the death penalty? In the context of the infamous Angel Nieves Diaz’s case in Florida, the execution of Saddam Hussein, the obligatory abolition of capital punishment for new members of the European Union, and the new article of the French Constitution proclaiming that no person can be convicted to the death penalty, the death sentence is a very current issue which divides people and arouses passionate debates. This is, after slavery, the most controversial topic and a strong differentiating factor between the European mindset and the American one. Indeed, while the European Union obliges its new members to abolish the death penalty, the United States continues to pronounce this sentence and execute people, making it one of the four countries to execute the most people in 2005 (94% of the 2148 executions in 2005 took place in China, Iran, Saudi Arabia and the United States).

Inside the country itself, the 51 States have very different judicial systems and trial processes, according to the party in power, the general local mentality, and the socio-historical context. Of these States, 38 administrations, the federal government, and the U.S. military still sentence people to death. Among those jurisdictions, there are substantial differences in the application. Based on this papers findings, it appears that the South uses this sentence more frequently, and also more discriminatorily.

The State of Texas in particular has the highest number of executions and several specific cases which suggest that there is racial discrimination present in the determination of the sentence.

Besides the ethical debate about whether it is just to kill people, capital punishment also raises important concerns about miscarriages of justice, condemned yet innocent prisoners, equal representation, discrimination, and the role of the church and whether it has a deterrent effect or not. Such questions have caused significant debate among academic, legal, and political circles.

I chose this subject for many reasons. First of all, the subjects of social and racial discrimination have always been very near to my heart. My studies and personal experiences have opened my eyes to certain injustices in the world. This awareness has inspired me to fight against such inequity to the fullest extent of my ability. Having personally endured a life and death experience, I can now fully appreciate the value of human life. I simply cannot believe that someone or a group of people could end the life of another person - especially in the name of justice (that is to say, “in the name of the people”). In addition, I have seen many movies which confront the death penalty in the United States, which I have included as social references to study the various issues surrounding the issue. My research has made me increasingly interested in, and impassioned by this matter, driving me to attend the World Congress Against the Death Penalty, in Paris from the 1^st to the 3^rd of February 2007. It allowed me to better understand the subject, and above all, to meet the people dedicated to the opposition to the death penalty. I am currently in contact with Colette Berthès, French author and abolitionist activist, Bob Burtman, an American lawyer specializing in death penalty cases in North Carolina, and Sean Wallace, manager of the National Coalition to Abolish the Death Penalty (United States), where I will do an internship this summer. They have helped me considerably for which I am extremely grateful.

Throughout the research and the writing of this thesis, I have realized how difficult it was to grapple with this topic, as this sensitive issue touches upon personal convictions, ideals and emotions concerning life and death. However, it also confronts ideas of religion, race, tolerance, and forgiveness, while at the same time challenging and questioning a steadfast United States judicial system.

I admit that being French and having a strong political, social and humanist predisposition - even with the best will in the world – suggests a bias in this critique of American society and its application of the death penalty. Indeed, in composing this essay my previous convictions on the death penalty were reinforced. Nevertheless, it has also made me realize the importance of social movements and the power of the dissenting voice. By acknowledging at the start the possibility of bias, I have endeavored throughout the duration of this report to remain as objective and unbiased as possible.

This study is dedicated to examine the faults of the United States judiciary machine.

The first part will provide an outline of the death penalty in the United States in its historical context, and then briefly describe the current criminal law systems at the State and federal levels. Then, the second part will analyze geographical indicators concerning the application of the death penalty. Finally, the third part will examine in depth the case study of Texas, where it will highlight the drawbacks of the United States criminal law system in light of its unbalanced judicial system, and provide a hypothetical explanation for the geographical differences discovered between the separate State systems.