Unequal Justice in Applying the United States Death Penalty

Several studies reveal a connection between a victim’s skin color and the probability that
their aggressor will receive the death penalty. Other studies conclude that a defendant’s race will
be a factor in determining whether or not they are sentenced to capital punishment. Despite the
evident racial discrimination that plagues capital cases, Ernest van den Haag contends that
“unequal justice is still justice” and that if someone is guilty of a capital offense, they don’t
deserve any less punishment simply because the death penalty is applied disproportionately
based on race. I argue, against van den Haag, that unequal justice violates defendants’ rights to
due process. Even if a defendant is guilty, justice demands a fair system that protects defendants
from systemic injustice and treats all victims and defendants equally.