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Gender, Race and the Death Penalty: Lessons From Three 1950s Murder Trials

NCJ Number
215658
Journal
Howard Journal of Criminal Justice Volume: 45 Issue: 4 Dated: September 2006 Pages: 403-420
Author(s)
John Minkes; Maurice Vanstone
Date Published
September 2006
Length
18 pages
Annotation
Utilizing three murder trials of the 1950s, this article examines the role played in the criminal justice process by stereotyped and prejudicial attitudes towards women and people from ethnic minorities.
Abstract
This article argues that the outcome of each murder trial case was determined by what the defendants were, as much as, or even more than by what they had or had not done. Stereotyped and prejudicial attitudes to their gender and racial origins influenced the attitudes of both professionals and jurors and prevented them from considering the cases fully and fairly. Even though concerns remain on issues of fairness and equality in the criminal justice system, these problems are open for discussion and acknowledged as a challenge for practitioners, academics, and policymakers. By drawing on the transcripts of three murder trials held in the 1950s, this article explores the roles played respectively by race and gender. The stereotyped and derogatory assumptions made about the defendants undoubtedly contributed to the outcomes of their trials. All three defendants were executed although it is arguable that none of them should have been. The article takes a historical view of the roles of gender and race in the criminal justice process. The intent is to highlight the undisguised assumptions and prejudices which went unchallenged at the time of these trials. The article begins by briefly reviewing the recent developments in criminological research and thought relating to race and gender in the criminal justice system. Notes, references