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February 26, 2008
Posted: 01:08 PM ET

NEW YORK – A jury in Ohio, as I write, is faced with the agonizing decision of whether to recommend the death penalty for convicted double murderer Bobby Cutts, Jr.

The single most determining factor, proved by study after study, as to whether an American murderer is sentenced to death or life imprisonment is surely something that will never be breathed aloud during those deliberations: Race. An African-American defendant who kills a white victim is far more likely to be sentenced to death than other murderers.

Racial bias in administration of the death penalty has led to its ban in New Jersey and a moratorium in Maryland. The U.S. General Accounting Office and Amnesty International have expressed grave concerns about the significantly enhanced likelihood of African-American defendants, or killers of white victims, receiving death sentences.

This case presents both to an all-white jury.

Lisa Bloom, In Session anchor

Filed under: Death penalty • Lisa Bloom • Verdict Watch


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Gen   February 26th, 2008 1:32 pm ET

I have to agree with you on this Ms. Bloom. I believe he will be sentenced to death more so because the victim was white and he is black. Now - I believe he is deserving of the worst that can be given him - But had the victim been a black woman I’m sure that not only would he more than likely get a pass on the Death penalty but that the coverage over these past months would not have been nearly as extensive. Now how shameful is that……………..

Deborah   February 26th, 2008 1:44 pm ET

It is sometimes our duty to sit on a jury and judge another guilty or not. Anytime we are to judge another it should be just as hard as it is to judge death penalty or not! It is not a black or white issue. Its a humanity issue. Either way their fate, not color is in our hands.

dimebag   February 26th, 2008 2:00 pm ET

I need to know is bobby cutts really a police man or just a campus rent a cop[security guard].

American and confused   February 26th, 2008 4:02 pm ET

If in our country we can not deliver equal justice for all than we are not truly delivering justice. If BTK gets life because of the state in which he lives and Cutts gets death because of his choice of residency then we have no way of equality for all. Our Country was founded on this and we as Americans should find a way to deliver it. We do not know what was in Cutt’s mind or heart but we do know what was in BTK’s.
If all child neglect and abuse calls for the death penalty then let’s get on with it. If all concealment of a crime of murder calls for the death penalty then let’s make it happen. If all accidental deaths or crimes of passion deserve death than let’s stand up and deliver. Where we live should not make a difference. Who we are should not count. If killing is killing and neglect is neglect and crime is crime and it is all equal then let’s treat it all the criminals the same. If we can’t we shouldn’t be given the ability to make decisions about their punishment. Some are sentenced to death for far lesser crimes than BTK , Dhalmer, or Mansion, we gave them the right to grow old. I am sure their victims families would see a difference in the crimes and suffering delivered. This is America and the fact that all Sates don’t have the death penalty shows the lack of unity we have as Americans. Unity is required for true justice. If we can’t all agree than the option should be off the table.

Miriam   February 26th, 2008 4:29 pm ET

I do not believe this is a race issue this is a domestic issue!!!
But what if it had been a black woman killed by a white man. Makes you think. Personally I believe that there is no black white it is human human domestic crime.

RN in OH   February 26th, 2008 5:15 pm ET

RACISM…. BS. For the love of God… this is not about the color of anybody. Cutt’s killed the mother of his son right before his eyes rolled her in a rug threw her in the back of a truck and dumped her and THEIR unborn daughters’ body in a river?? The unborn baby ~Chloe~ did not even have a chance? Remember people … he left his 2 year old son Blake home alone while he got rid of the bodies. OH MY GOD… and there is people out there that is still going to look at this as a racial decision, if he’s given the death penalty. Unfortunately, I believe that any thing can accidently happen. But we have to be responsible. If we choose to drink and drive and accidently kill someone we have to be resposible…right? No matter what color we are? Our society has to STOP feeding on the racial negitivity.
As far as the death penalty goes I’m a big believer and our government needs to STOP wasting our tax dollars, get on with the penalty. Clear out these frekin’ cells…

Lisa Lewis   February 26th, 2008 5:16 pm ET

I am watching this case closely I am currently a John Jay student I was just conducting my research on racial bias in the criminal justice system and Ohio was on the list the state to give blacks the death penalty more than whites and bias traffic stops even though blacks are the minority in the population. I am not condoning what Mr. Cutts did it was wrong, but how do we determine who gets the death penalty and who don’t. Then maybe there should be a rule for all that kill not selective individuals. This is so sad for both side of the family.

AmericanJustus   February 28th, 2008 8:15 pm ET

I’ve been watching pieces of this case and I’m a so-called black american. I know what Cutts did was wrong and he should be punished for his crime. But I think that we need to focus on what caused him to do this terrible thing. Also, what is causing the rising criminal offenses in this country? The U.S. has the most criminals in world; about 2 million locked up in our prisons. Also, because we are a so-called great country, with the best psychologists, psychotherapists, Dr.s in this Drs. in that that, why can’t we help these people who commit these crimes? I just read a report today that said 1 out of 100 people in the US is in the criminal justice system. I wonder how many of them are black? Let’s get to the root causes.

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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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