all of us must take very seriously the allegation that the death penalty is applied in a racially discriminatory manner. Some of the information I have seen to this effect is troubling and can not be disregarded. It seems to me self-evident under our Constitution that if we are to have a death penalty, or any criminal penalties for that matter, they should be applied equally to everyone without regard to race. No one can ignore the historic existence of discrimination in our nation and in our criminal justice system. I fully support the provision in the Senate version of the crime bill that provides funding to states for analysis of the role that race plays in the State's criminal justice system. I note with interest that a Pennsylvania judge, Chief Judge Sylvia Rambo of the U.S. District Court for the Middle District of Pennsylvania, has recently asked the Justice Department to provide information on how it decides to seek the death penalty in federal prosecutions. However, I am not persuaded that the Constitution and the existing civil rights laws do not provide adequate protection against discrimination in the application of the death penalty. The Constitution provides for equal protection under the law, and if a state is applying the death penalty in discriminating manner, it can and should be challenged under the equal protection clause of the 14th amendment, or under existing civil rights statutes that enforce constitutional protections.
Editor's note · Context
Addressing concerns about racial discrimination in the application of the death penalty during Senate floor debate.
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