While blacks executed, whites more likely to walk free in killings of black men As long as society holds stereotypes among core values, implicit biases will remain at every level of the justice system

Benjamin Crump | Opinion contributor

A recent headline in The Washington Post said it all: “A death penalty landmark for Florida: Executing a white man for killing a black man.”

Since the 1970s, when the death penalty was reinstated, there have been 92 executions in Florida. Of those, nearly 20 were black men executed for killing a white victim. But until Aug. 24, the state had never, in modern history, employed the death penalty in the other direction — executing a non-Latino white male for killing a black victim.

The high-profile cases that have involved the death of blacks nationwide are all too familiar. And so are the names of the non-convicted: George Zimmerman, Betty Shelby, Darren Wilson.

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These are just a few of the people who have walked free after killing an innocent black person. While family members were forced to mourn the loss of their loved one, these killers faced no consequences for their actions. The killers were from different walks of life, but with one thing in common: They all used snap judgment based on preconceived notions to kill a black man.

A recent report by the Marshall Project in collaboration with The Upshot, provides hard evidence of what many have already suspected: Killings of black men by whites are far more likely to be ruled “justifiable.” This is a creative way for the system to say, “Yes, you killed someone, but we're going to allow you to continue living your life even though an innocent black man is dead.”

Crimes are deemed justifiable when the person attacking has reason to believe they are in danger or are witnessing a crime. This label of “justifiable homicide,” which can be categorized as “felon killed by private citizen” or “felon killed by police officer,” already presumes something about the deceased, that they were committing a felonious act.

From the beginning of this country's history, we've seen the system slap an all-too-familiar criminal label on a black man, without giving that man a fair trial or the opportunity to defend himself.

This racial disparity persists despite countless variables, including age and location. Regardless of the circumstances, white people were deemed “justified” in their actions due to a fatal flaw in our society that holds stereotypes as a core value. This implicit bias exists at all levels of the justice system, from killer to prosecutor to jury. Many of these individuals would vehemently argue, and very probably believe, they harbor no racial bias. But the facts show otherwise.

To claim self-defense, a person does not need to actually be in danger, they must only believe they are. And implicit biases — those deep-seated racist stereotypes that affect our choices and decisions — have a direct influence on whether someone believes they are in danger.

A study published by the American Psychological Association that included photos of black and white football players showed that participants judged blacks as larger, stronger and, in some cases, more harmful than whites of the same size. In many people’s minds, “black” equates to "attack." The belief in misguided stereotypes is enough to trigger a sense of fear, a feeling so strong that people grant themselves permission to end someone else's life.

This term “justifiable” boils down to one fundamentally flawed central idea: that black lives do not matter as much as white lives. In general, the number of deaths deemed justifiable is small. A mere 2% of deaths are justified when one person kills another. A white person who kills a black man, however, is more than eight times as likely to be considered justified, and to receive no more than a slap on the wrist.

These stereotypes and preconceptions permeate every part of the American justice system. A killer has several opportunities to establish self-defense. A prosecutor can drop charges, a grand jury can choose not to indict, a jury can declare the killer not guilty. Each of these stages is influenced by the racial biases of those in power. But the victim, the killed black man, has no chance, at any stage of justice, to speak for himself.

Though the justice system should work diligently to eliminate biases, many self-proclaimed non-racists slip through the cracks, still clutching their subconscious predisposition about black people.

It is not news that our society and our justice system are racially skewed. Though it may not always be an outright proclamation of hate, actions speak louder than words. Our current justice system operates with thinly veiled micro-aggressions that let white people walk away scot-free with the blood of black men on their hands.

With the Marshall Project study, we now have cold, hard facts to put pressure on America to make a change.

Isn’t it about time?

Attorney Benjamin Crump is a civil rights advocate who has represented the family of Trayvon Martin.