Ashcroft: Death Penalty Colorblind

W A S H I N G T O N, June 6 -- A Justice Department review has concludedthere is no evidence of bias against minorities in federal deathpenalty sentences.

The review was based on an analysis of more than 900 death penaltycases and is a follow-up of a Justice Department study releasedlast year that found wide racial and geographic disparities.

"Our analysis has confirmed that black and Hispanic defendantswere less likely at each stage of the department's review processto be subjected to the death penalty than white defendants,"Attorney General John Ashcroft told a hearing on Capitol Hill.

"There is no evidence of racial bias in the administration ofthe federal death penalty," he said.

Differences in state laws governing criminal cases, decisions bystate prosecutors and geographical factors — not intentional racialbias — account for the fact that the majority of defendants facingfederal death sentences are minorities, the study showed.

For instance, some state prosecutors regularly forward cases forfederal prosecution, which would increase the pool of federalcapital cases. Some states, such as Virginia, have prosecutionrequirements that encourage state authorities dealing with drugtrafficking cases to refer cases to U.S. attorneys, who can prosecute defendants in a single trial for activities committed inmore than one state.

An Incomplete Picture?

Death penalty opponents said the Justice Department analysis wasbased on an incomplete picture.

"He is only comparing the total universe of cases that havebeen considered by U.S. attorneys," said Rachel King, an attorneywith the American Civil Liberties Union. "Our contention is thatthe discretionary decision-making process of which cases getconsidered by the U.S. attorney is where the bias is."

At a hearing on Justice programs before the House JudiciaryCommittee, Democratic Rep. John Conyers of Michigan complained toAshcroft that no Democrats on the panel had seen the review he wasannouncing.