By Scott Phillips ,  Justin F. Marceau,   Sam Kamin ,  Nicole King

In this essay, we update and expand David Baldus’s famous study of Georgia homicides in the 1970s to uncover the impact of the race and sex of homicide victims on whether a defendant was sentenced to death and ultimately executed. We show that the odds of a death sentence were sixteen times greater if the victim was a White woman than if the victim was a Black man, even when other factors that might explain the disparity were taken into account. Furthermore, we identified a clear hierarchy among victims with regard to whether a death sentence was ultimately carried out. Among the defendants who were sent to death row for killing a White woman, 30% were executed. But the share drops to 19% if the victim was a White man, 10% if the victim was a Black woman, and 0% if the victim was a Black man. We then use contemporary, nationwide Supplemental Homicide Report (SHR) data to show that the effect we identified in Georgia in the 1970s generalizes to the nation as a whole and to the present day. We argue that these disparities, which cannot be explained by factors extrinsic to the victim’s race and sex, are further evidence that the ultimate question of who lives and  dies in our criminal justice system remains unconstitutionally tainted by outdated notions of chivalry and White supremacy.   

114 J. CRIM. L. & CRIMINOLOGY 67 (2024).

By Jenna Russo

While all UN multidimensional peacekeeping operations are mandated to prevent and respond to conflict-related sexual violence (CRSV), the missions in the Democratic Republic of the Congo (DRC) and South Sudan, as well as in the Central African Republic, are also mandated to protect civilians from sexual and gender-based violence (SGBV). While SGBV is often used and understood interchangeably with CRSV, SGBV is broader in scope, as it encompasses nonsexual forms of gender-based violence and need not be connected to armed conflict.

This report examines how missions are implementing their mandates to protect civilians from SGBV, including CRSV, and assesses good practices, gaps, and opportunities for improvement. The report draws on lessons learned from the UN missions in South Sudan (UNMISS) and the DRC (MONUSCO). It considers how the complexities of preventing and responding to SGBV necessitate a whole-of-mission approach to the protection of civilians (POC) that encompasses not only physical protection from violence but also activities that address cultural norms related to gender, strengthen the rule of law, and enhance women’s participation. This report thus considers a range of protection activities carried out by missions, as well as structures and processes that promote the effective integration of gender into mission planning and activities.

The paper concludes with several recommendations for UN peacekeeping missions, the UN Department of Peace Operations (DPO), and member states on the Security Council to strengthen work on SGBV.

New York: International Peace Institute, 2022. 33p.