Across the country, African American defendants are being discriminated against in the criminal courts and by juries, particularly in capital cases.[1] This assertion is supported by two lines of research. First, an analysis of Supreme Court decisions focusing on the racial impact on voir dire. Second, social-legal studies on juror decision making have demonstrated legal and socio-legal histories providing evidence that demonstrate there is a racial bias in our system. Based on these findings, this paper sets forth several legal and policy recommendations to improve the fair adjudication of African American defendants charged with capital crimes. [1] Jack Glaser, Karin D. Martin, Kimberly B. Kahn, Possibility of Death Sentence Has Divergent Effect on Verdicts for Black and White Defendants (2015).

abstract: This exploratory qualitative study is the first to examine secondary trauma experiences among capital trial defense practitioners, including attorneys, mitigation specialists, paralegals, and investigators, who work as a team in representing indigent clients facing a charge of capital murder which may result in the death penalty. Death penalty jurisprudence has been critically examined in numerous ways, and the negative psychological effects on those who are involved in the process is one of the issues that limited studies have documented. However, no systemic investigation of secondary trauma associated with capital trial defense practice for indigent clients has been conducted to date, and this dissertation aims to address this gap in knowledge. Data were collected through semi-structured individual interviews using an interview guide, which allows participants to express their experiences in their own words in depth, while the researcher can stay focused on the research questions of the study. Data were analyzed using a constructivist phenomenological approach, and thematic identifications were conducted under overarching categories that were closely related to research questions including (1) motivation to engage in capital trial defense practice for indigent clients, (2) challenges in defending clients who face the death penalty, (3) emotional reactions to clients receiving death verdicts, (4) effects of the stress on the practitioners, (5) coping strategies, and (6) support system. The findings indicate that a significant number of the participants had secondary traumatic experiences because of their engagement in capital trial defense practice for indigent clients. A death verdict for clients was perceived as a traumatic experience by the participants because of their long-term empathetic engagement with their clients and their family members as well as the dehumanization against their clients in death penalty jurisprudence. The participants often experienced stigmatization in their communities that was associated with their work, while organizational support in recognizing their emotional pain and attendance to psychological needs was unavailable. The findings of this study suggest that the human cost of the death penalty should be re-examined and organizational effects be made to address the negative psychological effects associated with capital trial defense practice for indigent clients. / Dissertation/Thesis / Doctoral Dissertation Social Work 2016