Harvard Law Professor Carol Steiker (pictured), co-author of the highly acclaimed book, Courting Death: The Supreme Court and Capital Punishment, joins DPIC’s Robin Konrad for a provocative discussion of the past and future of America’s death penalty. In the latest episode of Discussions with DPIC, Professor Steiker—who served as a clerk for Supreme Court Justice Thurgood Marshall—takes us inside the walls of the Court for insights on the justices’ approaches to capital-punishment jurisprudence and the impact of Justice Marshall’s legacy on the Court today. She describes her experience with death-penalty cases as a U.S. Supreme Court clerk, and talks about the recurring evolution of the justices’ views on the death penalty as they experience years of failed attempts to redress its systemic flaws. In putting the modern death penalty in context, Professor Steiker focuses particularly on the relationship between race and capital punishment. “Today’s death penalty,” she says, “is inextricably tied to a history of slavery, of lynching, of progressive anti-lynching support of the death penalty. Those are the waves of history that are still lapping at the shore of the present.” The legacy of that history, she says, continues to be felt in the overwhelmingly disproportional use of capital punishment by the states of the former Confederacy, as compared to the rest of the country, and the disparate pursuit and imposition of the death penalty in cases involving White victims. Steiker identifies systemic problems in today’s death penalty that she says could some day lead the U.S. Supreme Court to declare it unconstitutional, including the politicization of judges and prosecutors and the “abysmal” state of capital representation. When and if abolition occurs, she says, will depend ultimately on the composition of the Court.
(Discussions With DPIC podcast, Professor Carol Steiker, Author of Courting Death, Offers an Inside Look at the Supreme Court and the History and Future of America’s Death Penalty, posted by DPIC, June 21, 2018; Carol Steiker and Jordan Steiker, “Courting Death: The Supreme Court and Capital Punishment,” The Belknap Press of Harvard University Press, 2016.) See Podcasts, Race, and History of the Death Penalty.
