subscribe to this page“Race and the Death Penalty.” American Civil Liberties Union. 26 Feb. 2003. 31 Mar. 2006. <http://www.aclu.org/capital/unequal/10389pub20030226.html>
This article reviews information regarding racial prejudice in today’s court system. Racism is not a thing of the past and of small towns in the South; in fact, Pennsylvania and Colorado are the states with the highest proportion of minorities on death row. The article indicates that the color of the defendant directly relates to the likelihood that the prosecution will seek capital punishment. Also, the race of the victim is quite important. If the victim is white, then the death penalty has a much greater chance of being used, while if the victim is black, the chances are far lower. Again, the race of the defendant is also important, with white defendants receiving generally easier punishments than black defendants.
Statistics are provided on various specific states, including Maryland, North Carolina, Pennsylvania, and Texas. All these states exemplify the statistics indicating that blacks are at a disadvantage compared to whites.
The article also discusses the role of the lawyers in the discrimination process. In the case of a black defendant, the prosecution will always strike as many black jurors as possible in order to make the jury more likely to vote on behalf of the victim.
Attorney General John Ashcroft has overturned numerous cases in order to seek the death penalty, and under an overwhelming majority of these cases, the suspect was black. He has ordered studies to be conducted, and has not found any racial prejudice to exist in the current system. The statistics appear to indicate otherwise; racial prejudice was not only a problem in Macomb, Alabama, but certainly still exists to the disadvantage of African-Americans across the nation today.
Simon, William. “Moral Icons: A Comment on Steven Lubet's ‘Reconstructing Atticus Finch.’” Michigan Law Review, Vol. 97, No. 6, 1999 Survey of Books Related to the Law. (May, 1999), pp. 1376-1377. 31 Mar. 2006. <http://links.jstor.org/sici?sici=0026-2234%28199905%2997%3A6%3C1376%3AMIACOS%3E2.0.CO%3B2-Z>
The author argues that Atticus Finch is respected not only by the bar for his conduct during the trial, but by readers in general because they feel that he really did believe in the truth of his client. The author disagrees with the controversial Lubet article in certain regards. Firstly, he feels that unless Atticus knows for certain that Mayella tells the truth, his cross-examination simply tests the credibility of her character. Likewise, if he knows that she is lying, then he must expose her. Though his tactics might seem questionable, the stakes are quite high; considering the social landscape in Alabama, a black man’s life is certainly at stake.
Another point on which this author disagrees with Lubet is the use of stereotypes. Atticus is depicted as purely virtuous until the end, at which point he begins to show flaws; Lubet does not like this. However, as this author points out, if Atticus were perfect, then the novel would be romantic escapist fiction, not a more believable and impacting ambitious novel. Atticus’s character becomes more complex and does not act purely on virtue when he gives in to the sheriff’s demand regarding his son, Jem, and the murder of Bob Ewell in self defense. At this point, Atticus’s character becomes more believable in its imperfection, and consequently has a great impact on readers.
Stone, Randolph. “Atticus Finch, in Context.” Michigan Law Review, Vol. 97, No. 6, 1999 Survey of Books Related to the Law. (May, 1999), pp. 1378-1381. 31 Mar. 2006. <http://links.jstor.org/sici?sici=0026-2234%28199905%2997%3A6%3C1378%3AAFIC%3E2.0.CO%3B2-6>
The author of this article takes offense to an argument written by Professor Lubet, who questions whether Atticus Finch is indeed a paragon of lawyers considering the possibility of Tom Robinson’s guilt. He points out that Robinson’s argument does not hinge on consent, because that would never work in 1930s Alabama, and therefore no sexual contact of any kind occurred. He compares the situation to that of Emmit Till, a boy who was murdered in 1955 for whistling at a white woman. Obviously, a consent argument would never pass.
He goes on to assert that Atticus’s cross examination of Mayella was not torture of any kind, and he treated her with respect; considering her status in the community, the communities respect for her could not fall any lower. The prosecution, on the other hand, treated Tom Robinson cruelly and with racist overtones.
The evidence that Tom Robinson committed the crime is very weak. Lubet feels that Atticus does not care about the truth, but only the victory; unlike Lubet, this author asserts that Atticus does believe Tom Robinson, or else he would have sought a plea bargain considering the high chance of failure with an all white jury. Regarding Lubet’s argument about Atticus’s tactics, this author brings up the themes of stereotypes and racism versus sexism. The author feels that racism is a much bigger issue, and Atticus Finch was far ahead of his time in his attitude.
Stabler, Scott. “To Kill a Mockingbird.” St. James Encyclopedia of Pop Culture. 2002. 31 Mar. 2006. <http://www.findarticles.com/p/articles/mi_g1epc/is_tov/ai_2419101241#continuev>
This article mostly provides a brief summation of the plot and themes of To Kill a Mockingbird. The author talks about the success of the book and film, and the effect on the prejudices of the south. To Kill a Mockingbird explores the race relations and racism in a small southern town, and the attempt to overcome that racism for truth. The article also provides a short, summarized biography of author Harper Lee, a direct descendent of Robert E. Lee. There is a good chance that the book is based on Harper Lee’s own life, as her father was also a lawyer in a small southern town. Harper Lee always said to write about what you know, and most likely she followed that advice herself.
The article talks about the various themes in the work, such as ignorance versus knowledge, cowardice versus heroism, children versus adults, and courage versus cowardice. The dispute between Atticus Finch and Bob Ewell also concerns the “stereotype of race cohesion,” which Atticus attempts to end. Boo Radley and Tom Robinson both represent an attack on innocence, and Tom Robinson’s murder represents the continuing racism of the South. The article explores other themes and symbols as well. The book and film are a universal success because of the various themes on which they touch.