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Narratives of the Death Sentence: Toward a Theory of Legal Narrativity

Published online by Cambridge University Press:  02 April 2024

Benjamin Fleury-Steiner
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Abstract

This article investigates how the consciousness of ordinary citizens enlisted as jurors in death penalty trials is racialized. The study draws on post-trial interviews with some 66 white and black jurors who served on 24 capital trials in which either a white or black defendant received the death sentence. Findings among white jurors reveal a hegemonic tale of racial inferiority. However, other characteristics such as social class or relevant biographical experiences help explain how jurors' stories are racialized. More specifically, racial inferiority is articulated in four congruous narratives: “individual responsibility,” “the tragedy of the ‘black’ group,” “the bad kid and the caring family,” and “the threatening outsider.” Furthermore, black jurors' stories are influenced by their background experiences as well. More-educated black jurors employ a sympathetic discourse toward the “culturally distant whites.” On the other hand, working-class blacks that have had negative experiences with whites in public are found to employ a narrative of “resisting white racism.” Understanding the subtle influences of legal agents' multiple identities in the remaking of racial hegemony has broader implications for a revised constitutive perspective of law—what I call a “theory of legal narrativity.”

Type
Papers of General Interest
Information
Law & Society Review , Volume 36 , Issue 3 , 2002 , pp. 549 - 576
Copyright
Copyright © 2002 Law and Society Association.

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Footnotes

An earlier version of this work was presented at the Law & Society Association meetings in Vancouver, June 2002, and at the American Sociological Association meetings in Chicago, August 2002. I am grateful to Joseph Sanders and Sally Merry for their patience, guidance, and words of wisdom in helping me bring this project to completion. Many thanks for the insightful comments of Margaret Andersen, Michael Antonio, Ronet Bachman, William Bowers, Anne Bowler, Ursula Bentele, Kitty Calavita, Jennifer Culbert, Valerie Hans, Tim Kaufman-Osborne, Mona Lynch, Anna Maria Marshall, Michael Musheno, Trish Oberweiss, Austin Sarat, Margaret Vandiver, and the LSR's anonymous reviewers. I am especially grateful to Laura Beth Nielsen for her painstaking readings of earlier drafts, her words of encouragement, and, most importantly, her friendship. Finally, I thank my life-partner, Dr. Ruth Fleury-Steiner, for all her love and support throughout the completion of this project. Support for this research was provided by a grant from the Law and Social Sciences Program of the National Science Foundation, grant NSF SES-9013252.

References

Barkan, Steven E., & Cohn, Steven F. (1994) “Prejudice and Support for the Death Penalty by Whites,” 31 J. of Research in Crime & Delinquency 202–9.CrossRefGoogle Scholar
Bell, Derek (1987) And We Are Not Saved: The Elusive Quest for Racial Justice. New York: Basic Books.Google Scholar
Bowers, William J. (1995) “The Capital Jury Project: Rationale, Design, and a Preview of Early Findings,” 70 Indiana Law J. 1043–1102.Google Scholar
Bowers, William J., Steiner, Benjamin D., & Sandys, Marla (2001) “Death Sentencing in Black and White: An Empirical Examination of Juror Race and Jury Racial Composition in Capital Sentencing,” 3 Pennsylvania J. of Constitutional Law 171–274.Google Scholar
Butler, Paul (1997) “Affirmative Action and the Criminal Law,” 68 Univ. of Colorado Law Rev. 841–89.Google Scholar
Carbado, Devon W. (1999) Black Men on Race, Gender, and Sexuality: A Critical Reader. New York: New York Univ. Press.Google Scholar
Comaroff, Jean, & Comaroff, John (1991) Of Revelation and Revolution. Chicago: Univ. of Chicago Press.CrossRefGoogle Scholar
Crenshaw, Kimberlee (1995) “Mapping the Margins: Intersectionality, Identity Politics, and Violence Against Women,” in Danielsen, Dan & Engle, Karen, eds., After Identity. New York: Routledge.Google Scholar
Crenshaw, Kimberlee, Gotanda, Neil, Peller, Garry & Thomas, Kendall (1996) Critical Race Theory: The Key Writings that Formed the Movement. New York: New Press.Google Scholar
Du Bois, W.E.B. ([1896] 1981) The Souls of Black Folk. New York: W.W. Norton & Co.Google Scholar
Ewick, Patricia, & Silbey, Susan S. (1995) “Subversive Stories and Hegemonic Tales: Towards a Sociology of Narrative,” 29 Law & Society Rev. 197–226.CrossRefGoogle Scholar
Ewick, Patricia, & Silbey, Susan S. (1998) The Commonplace of Law: Stories from Everyday Life. Chicago: Univ. of Chicago Press.CrossRefGoogle Scholar
Feagin, Joe R. (2000) Racist America. New York: Routledge.Google Scholar
Fleury-Steiner, Benjamin (forthcoming) Jurors' Stories of Death: How America's Death Penalty Invests in Inequality. Ann Arbor, MI: University of Michigan Press.Google Scholar
Fleury-Steiner, Benjamin (2003) “Before or Against the Law? Citizens' Legal Beliefs and Experiences as Death Penalty Jurors,” 27 Studies in Law, Politics, & Society 115–37.Google Scholar
Frohmann, Lisa (1997) “Convictability and Discordant Locales: Reproducing Race, Class, and Gender Ideologies in Prosecutorial Decisionmaking,” 31 Law & Society Rev. 531–56.CrossRefGoogle Scholar
Goffman, Erving (1963) Stigma: Notes on the Management of Spoiled Identity. New York: Simon & Schuster.Google Scholar
Haney-Lopez, Ian (1996) White by Law. New York: New York Univ. Press.Google Scholar
Hurwitz, Jon, & Peffley, Mark (1997) “Public Perceptions of Race and Crime: The Role of Racial Stereotypes,” 41 American J. of Political Science 375–401.CrossRefGoogle Scholar
Hurwitz, Jon, & Peffley, Mark (1998) Perception and Prejudice: Race and Politics in the United States. New Haven: Yale Univ. Press.Google Scholar
Jackman, Mary R. (1996) The Velvet Glove: Paternalism and Conflict in Gender, Class, and Race Relations. Berkeley: Univ. of California Press.Google Scholar
Jacobs, Ronald N. (2001) “The Problem with Tragic Narratives: Lessons from the Los Angeles Uprising,” 24 Qualitative Sociology 221–43.CrossRefGoogle Scholar
Lawrence, Charles (1987). “The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism,” 39 Stanford Law Rev. 317–61.Google Scholar
Litwack, Leon F. (1979) Been in the Storm So Long: The Aftermath of Slavery. New York: Routledge.Google Scholar
Matsuda, Mary (1989) “Public Response to Racist Speech: Considering the Victim's Story,” 87 Michigan Law Rev. 2320–72.CrossRefGoogle Scholar
Mauer, Marc (2000) Race to Incarcerate. New York: New Press.Google Scholar
Merry, Sally Engle (1990) Getting Justice and Getting Even: Legal Consciousness among Working-Class Americans. Chicago: Univ. of Chicago Press.Google Scholar
Morrison, Toni (1997) “The Official Story: Dead Man Golfing,” in Morrison, Toni & Lacour, Claudia Brodsky, eds., Birth of a Nation ‘hood: Gaze, Script, and Spectacle in the O. J. Simpson Case. New York: Pantheon Books.Google Scholar
Nielsen, Laura Beth (2000) “Situating Legal Consciousness: Experiences and Attitudes of Ordinary Citizens about Law and Sexual Harassment,” 34 Law & Society Rev. 1055–90.Google Scholar
Oberweis, Trish, & Musheno, Michael (2001) Knowing Rights: State Actors’ Stories of Power, Identity, and Morality. Burlington, VT: Ashgate-Dartmouth.Google Scholar
Omi, Michael, & Winant, Howard (1986) Racial Formation in the United States from the 1960s to the 1980s. New York: Routledge & Kegan Paul.Google Scholar
Phillips, Scott, & Grattet, Ryken (2000) “Judicial Rhetoric, Meaning-Making, and the Institutionalization of Hate Crime Law,” 34 Law & Society Rev. 567–606.CrossRefGoogle Scholar
Richman, Kimberly (2002) “Lovers, Legal Strangers, and Parents: Negotiating Parental and Sexual Identity in Family Law,” 36 Law & Society Rev. 285–319.CrossRefGoogle Scholar
Riessman, Catherine Kohler (1993) Narrative Analysis. Newbury Park, CA: Sage.Google Scholar
Sarat, Austin (1993) “Speaking of Death: Narratives of Violence in Capital Trials,” 27 Law & Society Rev. 19–58.CrossRefGoogle Scholar
Shields, Rob (1991) Places on the Margin: Alternative Geographies of Modernity. London: Routledge.Google Scholar
Sommers, Margaret R., & Gibson, Gloria D. (1994) “Reclaiming the Epistemological ‘Other’: Narrative and the Social Constitution of Identity,” in Calhoun, Craig, ed., Social Theory and the Politics of Identity. Malden, MA: Blackwell.Google Scholar
Steiner, Benjamin D., Bowers, William J., & Sarat, Austin (1999) “Folk Knowledge as Legal Action: Death Penalty Judgments and the Tenet of Early Release in a Culture of Mistrust and Punitiveness.” 33 Law & Society Rev. 461–506.CrossRefGoogle Scholar
Sunnafrank, Michael, & Fontes, Norman E. (1983) “General and Crime-Related Racial Stereotypes and Influences on Juridic Decisions,” 17 Cornell J. of Social Relations 1–15.Google Scholar
Sweeny, Laura T., & Haney, Craig (1992) “The Influence of Race on Sentencing: A Meta-Analytic Review of Experimental Studies,” 10 Behavioral Sciences & The Law 179–95.CrossRefGoogle Scholar
Thompson, William C. (1989) “Death Qualification after Wainwright v. Witt and Lockhart v. McCree,” 13 Law & Human Behavior 185–207.CrossRefGoogle Scholar