The Unfair Speech Movement Analysis

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You have many search options on Lexis. Just watch …. Discover how you can quickly find the best sources to search with the Explore Content feature on Lexis. Learn more on how you can share or deliver your best search results on Lexis. Create shortcuts to your favorite search sources, filters and more. See how …. Assess case relevance with unprecedented speed with color-coded search terms. General Accounting Office reported to the Congress the results of its review of empirical studies on racism and the death penalty. The GAO concluded : "Our synthesis of the 28 studies shows a pattern of evidence indicating racial disparities in the charging, sentencing, and imposition of the death penalty after the Furman decision" and that "race of victim influence was found at all stages of the criminal justice system process Texas was prepared to execute Duane Buck on September 15, Buck was condemned to death by a jury that had been told by an expert psychologist that he was more likely to be dangerous because he was African American.

The Supreme Court stayed the case, but Mr. Buck has not yet received the new sentencing hearing justice requires. These results cannot be explained away by relevant non-racial factors, such as prior criminal record or type of crime, as these were factored for in the Baldus and GAO studies referred to above. They lead to a very unsavory conclusion: In the trial courts of this nation, even at the present time, the killing of a white person is treated much more severely than the killing of a black person.

Of the white defendants executed, only three had been convicted of murdering people of color. Our criminal justice system essentially reserves the death penalty for murderers regardless of their race who kill white victims. Both gender and socio-economic class also determine who receives a death sentence and who is executed. Women account for only two percent of all people sentenced to death , even though females commit about 11 percent of all criminal homicides. Many of the women under death sentence were guilty of killing men who had victimized them with years of violent abuse.

Since , only 51 women have been executed in the United States 15 of them black. Discrimination against the poor and in our society, racial minorities are disproportionately poor is also well established. It is a prominent factor in the availability of counsel. Fairness in capital cases requires, above all, competent counsel for the defendant. Yet "approximately 90 percent of those on death row could not afford to hire a lawyer when they were tried. As Justice William O. Douglas noted in Furman , "One searches our chronicles in vain for the execution of any member of the affluent strata in this society" US The demonstrated inequities in the actual administration of capital punishment should tip the balance against it in the judgment of fair-minded and impartial observers.

Justice John Marshall Harlan, writing for the Court in Furman , noted "… the history of capital punishment for homicides … reveals continual efforts, uniformly unsuccessful, to identify before the fact those homicides for which the slayer should die…. Those who have come to grips with the hard task of actually attempting to draft means of channeling capital sentencing discretion have confirmed the lesson taught by history…. To identify before the fact those characteristics of criminal homicides and their perpetrators which call for the death penalty, and to express these characteristics in language which can be fairly understood and applied by the sentencing authority, appear to be tasks which are beyond present human ability.

Yet in the Gregg decision, the majority of the Supreme Court abandoned the wisdom of Justice Harlan and ruled as though the new guided-discretion statutes could accomplish the impossible. The truth is that death statutes approved by the Court "do not effectively restrict the discretion of juries by any real standards, and they never will. No society is going to kill everybody who meets certain preset verbal requirements, put on the statute books without awareness of coverage of the infinity of special factors the real world can produce.

Evidence obtained by the Capital Jury Project has shown that jurors in capital trials generally do not understand the judge's instructions about the laws that govern the choice between imposing the death penalty and a life sentence. Even when they do comprehend, jurors often refuse to be guided by the law. The effect [of this relative lack of comprehension of the law]… is to reduce the likelihood that capital defendants will benefit from the safeguards against arbitrariness built into the… law. Even if the jury's sentencing decision were strictly governed by the relevant legal criteria, there remains a vast reservoir of unfettered discretion: the prosecutor's decision to prosecute for a capital or lesser crime, the court's willingness to accept or reject a guilty plea, the jury's decision to convict for second-degree murder or manslaughter rather than capital murder, the determination of the defendant's sanity, and the governor's final clemency decision, among others.

Discretion in the criminal justice system is unavoidable. The history of capital punishment in America clearly demonstrates the social desire to mitigate the harshness of the death penalty by narrowing the scope of its application. Whether or not explicitly authorized by statutes, sentencing discretion has been the main vehicle to this end. But when sentencing discretion is used — as it too often has been — to doom the poor, the friendless, the uneducated, racial minorities, and the despised, it becomes injustice.

Mindful of such facts, the House of Delegates of the American Bar Association including 20 out of 24 former presidents of the ABA called for a moratorium on all executions by a vote of to in February The House judged the current system to be "a haphazard maze of unfair practices. In its survey of the death penalty in the United States, the International Commission of Jurists reinforced this point.

Despite the efforts made over the past two decades since Gregg to protect the administration of the death penalty from abuses, the actual "constitutional errors committed in state courts have gravely undermined the legitimacy of the death penalty as a punishment for crime. The ALI, which created the modern legal framework for the death penalty in , indicated that the punishment is so arbitrary, fraught with racial and economic disparities, and unable to assure quality legal representation for indigent capital defendants, that it can never be administered fairly.

Thoughtful citizens, who might possibly support the abstract notion of capital punishment, are obliged to condemn it in actual practice. Unlike any other criminal punishments, the death penalty is irrevocable. Speaking to the French Chamber of Deputies in , years after having witnessed the excesses of the French Revolution, the Marquis de Lafayette said, "I shall ask for the abolition of the punishment of death until I have the infallibility of human judgment demonstrated to me. Since , in this country, there have been on the average more than four cases each year in which an entirely innocent person was convicted of murder.

Scores of these individuals were sentenced to death. In many cases, a reprieve or commutation arrived just hours, or even minutes, before the scheduled execution. These erroneous convictions have occurred in virtually every jurisdiction from one end of the nation to the other. Nor have they declined in recent years, despite the new death penalty statutes approved by the Supreme Court. Disturbingly, and increasingly, a large body of evidence from the modern era shows that innocent people are often convicted of crimes — including capital crimes — and that some have been executed. He was convicted largely based on eyewitness testimony made from the back of a police car in a dimly lit lot near the crime scene.

This sample of freakish and arbitrary innocence determinations also speaks directly to the unceasing concern that there are many more innocent people on death rows across the country — as well as who have been executed. Several factors seen in the above sample of cases help explain why the judicial system cannot guarantee that justice will never miscarry: overzealous prosecution, mistaken or perjured testimony, race, faulty police work, coerced confessions, the defendant's previous criminal record, inept and under-resourced defense counsel, seemingly conclusive circumstantial evidence, and community pressure for a conviction, among others.

And when the system does go wrong, it is often volunteers from outside the criminal justice system — journalists, for example — who rectify the errors, not the police or prosecutors. To retain the death penalty in the face of the demonstrable failures of the system is unacceptable, especially since there are no strong overriding reasons to favor the death penalty. Prisoners are executed in the United States by any one of five methods; in a few jurisdictions the prisoner is allowed to choose which one he or she prefers:. The traditional mode of execution, hanging , is an option still available in Delaware, New Hampshire and Washington. Death on the gallows is easily bungled: If the drop is too short, there will be a slow and agonizing death by strangulation.

If the drop is too long, the head will be torn off. Two states, Idaho and Utah, still authorize the firing squad. The prisoner is strapped into a chair and hooded. A target is pinned to the chest. Five marksmen, one with blanks, take aim and fire. Throughout the twentieth century, electrocution has been the most widely used form of execution in this country, and is still utilized in eleven states, although lethal injection is the primary method of execution. The condemned prisoner is led — or dragged — into the death chamber, strapped into the chair, and electrodes are fastened to head and legs. When the switch is thrown the body strains, jolting as the voltage is raised and lowered. Often smoke rises from the head.

There is the awful odor of burning flesh. No one knows how long electrocuted individuals retain consciousness. In , the electrocution of John Evans in Alabama was described by an eyewitness as follows:. Evans' body. It lasted thirty seconds. Sparks and flames erupted … from the electrode tied to Mr. Evans' left leg. His body slammed against the straps holding him in the electric chair and his fist clenched permanently. The electrode apparently burst from the strap holding it in place.

A large puff of grayish smoke and sparks poured out from under the hood that covered Mr. Evans' face. An overpowering stench of burnt flesh and clothing began pervading the witness room. Two doctors examined Mr. Evans and declared that he was not dead. Evans was administered a second thirty second jolt of electricity. The stench of burning flesh was nauseating. More smoke emanated from his leg and head. Again, the doctors examined Mr. At that time, I asked the prison commissioner, who was communicating on an open telephone line to Governor George Wallace, to grant clemency on the grounds that Mr. Evans was being subjected to cruel and unusual punishment.

The request …was denied. At , the doctors pronounced him dead. The execution of John Evans took fourteen minutes. The introduction of the gas chamber was an attempt to improve on electrocution. In this method of execution the prisoner is strapped into a chair with a container of sulfuric acid underneath. The chamber is sealed, and cyanide is dropped into the acid to form a lethal gas. Execution by suffocation in the lethal gas chamber has not been abolished but lethal injection serves as the primary method in states which still authorize it. In a panel of judges on the 9th Circuit Court of Appeals in California where the gas chamber has been used since ruled that this method is a "cruel and unusual punishment. A few seconds later he again looked in my direction.

His face was red and contorted as if he were attempting to fight through tremendous pain. His mouth was pursed shut and his jaw was clenched tight. Don then took several more quick gulps of the fumes. His face and body turned a deep red and the veins in his temple and neck began to bulge until I thought they might explode. After about a minute Don's face leaned partially forward, but he was still conscious.

Every few seconds he continued to gulp in. He was shuddering uncontrollably and his body was racked with spasms. His head continued to snap back. His hands were clenched. At this time the muscles along Don's left arm and back began twitching in a wavelike motion under his skin. Spittle drooled from his mouth. Approximately two minutes later, we were told by a prison official that the execution was complete. District Court , S. The latest mode of inflicting the death penalty, enacted into law by more than 30 states, is lethal injection , first used in in Texas. It is easy to overstate the humaneness and efficacy of this method; one cannot know whether lethal injection is really painless and there is evidence that it is not. As the U. Court of Appeals observed, there is "substantial and uncontroverted evidence… that execution by lethal injection poses a serious risk of cruel, protracted death….

Even a slight error in dosage or administration can leave a prisoner conscious but paralyzed while dying, a sentient witness of his or her own asphyxiation. Heckler , F. Its veneer of decency and subtle analogy with life-saving medical practice no doubt makes killing by lethal injection more acceptable to the public. Journalist Susan Blaustein, reacting to having witnessed an execution in Texas, comments:.

Nor does execution by lethal injection always proceed smoothly as planned. In "the authorities repeatedly jabbed needles into … Stephen Morin, when they had trouble finding a usable vein because he had been a drug abuser. Although the U. Supreme Court has held that the current method of lethal injection used is constitutional, several people have suffered because of this form of execution. In Ohio, Rommel Broom was subjected to 18 attempts at finding a vein so that he could be killed by lethal injection. The process to try to execute him took over two hours.

Finally, the governor had to stop the execution and grant the inmate a one week reprieve. Nor was he the only Ohio inmate so maltreated. The state had amended its injection protocol to use a single drug, propofol, which advocates say causes severe pain upon injection. Although similar suits are pending in other states, [15] not all protocol-based challenges have succeeded; in Texas and Oklahoma, executions have continued despite questions about the potential cruelty of lethal injection and the type or number of chemicals used. Food and Drug Administration FDA —are now the subject of federal litigation that could impact the legitimacy of the American death penalty system.

Most people who have observed an execution are horrified and disgusted. In my face he could see the horror of his own death. Revulsion at the duty to supervise and witness executions is one reason why so many prison wardens — however unsentimental they are about crime and criminals — are opponents of capital punishment. The law said: [37]. Johnson speaks to the media after signing the Act. He is the first to make the message of brotherly love a reality in the course of his struggle, and he has brought this message to all men, to all nations and races.

Civil rights groups there had asked them to come help get black people registered to vote. However, the next month, an African-American man named Jimmie Lee Jackson was shot by a police officer during a peaceful march. Jackson died. The SCLC was worried that people were so angry that they would get violent. Activists hoped the march would show how badly African-Americans wanted to vote.

They also wanted to show that they would not let racism or violence stop them from getting equal rights. The first march was on March 7, Police officers and racist whites attacked the marchers with clubs and tear gas. They threatened to throw the marchers off the Edmund Pettus Bridge. Seventeen marchers had to go to the hospital , and 50 others were also injured. Pictures and film of the marchers being beaten were shown in newspapers and on television around the world. Seeing these things made more people support the civil rights activists. People came from all over the United States to march with the activists. One of them, James Reeb , was attacked by white people for supporting civil rights. He died on March 11, Not Long" at the Alabama State Capitol.

He told the marchers that it would not be long before they had equal rights, "because the arc of the moral universe is long, but it bends toward justice. After the march, Viola Liuzzo , a white woman from Detroit , drove some other marchers to the airport. While she was driving back, she was murdered by three members of the Ku Klux Klan. Video of President Barack Obama 's speech on the march's 50th anniversary. This law made it illegal to stop somebody from voting because of their race. This meant that all the state laws that kept black people from voting were now illegal. For almost years, registrars the government workers who had registered people to vote were all white. They had total power over who they could register and who they would not register. If a registrar refused to let a black person register, that person could only file a lawsuit, which they were not likely to win.

However, the Voting Rights Act finally made a change to this system. If a registrar discriminated against black people, the Attorney General could send federal workers to replace local registrars. The law worked right away. Within a few months, , new black voters had signed up to vote. By , most African Americans were registered to vote in 9 of the 13 states in the South. Politics in the South were completely changed by African Americans having the power to vote. White politicians could no longer make laws about African Americans without blacks having a say. In many parts of the South, black people outnumbered whites. This meant that they could vote in black politicians, and vote out racist whites. Also, black people who were registered to vote could be on juries.

Before this, any time an African American was charged with a crime, the jury that decided whether they were guilty would be all-white. President Johnson , Dr. From to , the civil rights movement focused a lot on fair housing. Even outside the South, fair housing was a problem. For example, in , California passed a Fair Housing Act which made segregation in housing illegal. White voters and real estate lobbyists got the law reversed the next year. This helped cause the Watts Riots. Activists, including Martin Luther King, led a movement for fair housing in Chicago in Activists in both cities got attacked physically by white homeowners, and legally by politicians who supported segregation.

This meant black people would be allowed to move into white neighborhoods. As Senator Walter Mondale said: "This was civil rights getting personal. There, most Senators - Northern and Southern - were against the bill. In March of , the Senate sent a weaker version to the House of Representatives. The House was expected to make changes that would make the bill even weaker.

That did not happen. On April 4, , Martin Luther King was murdered. This made many members of Congress feel like they needed to do something about civil rights quickly. King's murder, Senator Mondale stood in front of the Senate and said:. President Johnson signed the law the next day. Part of the law is called the "Fair Housing Act. Failure of California's fair housing law helped cause the Watts Riots. People of all races took part in the movement.

The movement's goal was to decrease poverty for people of all races. As part of his work against poverty, Dr. King argued that poor people in Vietnam were being killed, and that the War would only make them poorer. He also argued that the United States was spending more and more money and time on the War, and less on programs to help poor Americans. In March , Dr.

King was invited to Memphis, Tennessee to support garbage workers that were on strike. These workers were paid very little, and two workers had been killed doing their jobs. They wanted to be members of a labor union. King thought this strike was a perfect fit for his Poor People's Campaign. The day before he was murdered, King gave a sermon called " I've Been to the Mountaintop.

After King was killed, people rioted in more than cities across the United States. About 3, activists camped out on the National Mall in Washington, D. The day before Dr. King's funeral, his wife, Coretta Scott King , and three of their children led 20, marchers through Memphis. Soldiers protected the marchers. On April 9, Mrs. King led another , people through Atlanta during Dr.

King's funeral. King's casket. The wagon was a symbol of Dr. King's Poor People's Campaign. Statues of sanitation workers on strike. The motel where King was murdered now a museum. The wreath marks the spot where King was shot. Garment workers listen to Dr. King's funeral by radio. Many people were killed during the Civil Rights Movement. Some were killed because they supported civil rights. No one knows just how many people were killed during the Civil Rights Movement. People whose names are highlighted in blue were children or teenagers when they were killed. An unknown number of other people died or were killed during the Civil Rights Movement. From Simple English Wikipedia, the free encyclopedia. Redirected from United States civil rights movement. See also: Reconstruction of the United States.

Main article: Brown v. Board of Education. Main article: Montgomery Bus Boycott. The bus Rosa Parks was riding when she refused to give up her seat. Main article: Little Rock Nine. Under the new law, segregated buses or bus stations, like this one, were illegal. Army trucks drive across the University of Mississippi campus on October 3, President Kennedy had to send the U. Army to stop the riots at the University.

Activists march in Washington, D. The rifle used to murder Evers. King with Robert Kennedy after a meeting with civil rights leaders on June 22, Main article: March on Washington for Jobs and Freedom. After the March on Washington, President Kennedy meets with civil rights leaders. Main article: Civil Rights Act of King behind him. Play media. See also: Martin Luther King, Jr.

Police get ready to attack marchers crossing the Edmund Pettus Bridge. See also: Voting Rights Act of Last page of the Voting Rights Act, with Johnson's signature at the bottom. Damage to a store from riots in Washington, D. This suggested law is called a bill. However, the President cannot make laws. Both houses of Congress - the House of Representatives and the Senate - get to look at the bill. They can change it, vote for it, or vote against it. If more than half of the House, and more than half of the Senate, vote for the bill, it "passes" and becomes a law. If the President wants to show his support for the law, he can sign it, but he does not have to sign it to make it a law.

The Guardian Online. Guardian News and Media Limited. Retrieved March 2, Oryx Press. University of Illinois Press. ISBN The Charters of Freedom. Cengage Learning. Oxford University Press. Struggle for Mastery: Disfranchisement in the South, — University of North Carolina Press. Morgan Yale University Press. Board of Education Decision, ". The Betrayal of the Negro from Rutherford B. Hayes to Woodrow Wilson. Da Capo Press. Vann The Strange Career of Jim Crow. Archived from the original on Retrieved University of California Press. July 26, Basic Civitas Books. Retrieved July 4, Penguin Books. Browder, U. The Encyclopedia of Arkansas History and Culture.

Simon Pulse. Howard Journal of Communications. January 18, Retrieved March 6, History Learning Site. March 27, Cambridge: Harvard University Press. Civil Rights Movement Veterans. Tougaloo College. Freedom Riders: and the Struggle for Racial Justice. Oxford Press. Publishing the Long Civil Rights Movement. University of North Carolina. Archived from the original on September 21, Public Law " PDF.

Office of the Clerk — U. House of Representatives. United States Congress. July 2, August 6, Journal of Mississippi History. ISSN Archived from the original PDF on June 18, Retrieved February 2, October 12, Archived from the original on October 14, Robert Kennedy and His Times. New York: First Mariner Books. BBC News — On this day. October 1, Encyclopedia of African American History, Volume 1. Southern Miss NOW. American Sociological Review. American Sociological Association. JSTOR Bates College. Dictionary of American Biography Supplement 9: — ed. Charles Scribner's Sons. May 10, Archived from the original on August 17, Newsweek : April 15, Jonathan Newsweek : 28, April 22, May 13, Bantam Books. The Washington Post. Bull Connor.

University of Alabama Press. The New York Times. The African-American Odyssey. The Bystander: John F. Kennedy and the Struggle for Black Equality. Basic Books. The Journal of American History. Pennsylvania Historical and Museum Commission. The Dispatch. Lexington, North Carolina. December 28, Maryland State Archives. Culpepper