The 14th Amendment (1868) was ratified in order to give American citizenship to former slaves. In Dred Scott (1857), The SCOTUS ruled that Blacks would never be anything more than property and as such, property could not have civil liberties. The 14th Amendment guarantees equal treatment under the law and requires the states to apply the federal Bill of Rights to their own citizens

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(the process of incorporation). The concept of equal treatment has vexed us since our founding. We demand people be treated equally then we turn right around and defend scenarios in which two people who committed the same crime under the same set of circumstances deserve different treatment. Take the death penalty for example. Does it matter if one killer is more sympathetic (i.e. young, poor, downtrodden, etc.) than another killer? Aren’t their victims just as dead? Why treat them differently?

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Prosecutors are elected to represent the citizens of counties within a state. Different counties have varying political ideologies and attitudes and the prosecutors typically reflect their citizens’ beliefs (hence, the reason for their election). The concept of federalism allows prosecutors the discretion to seek the death penalty or ask for life in prison upon conviction, so defendants in different locales around the state may face remarkably different punishments for virtually the same crimes

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In 1995, Diane Michelle Zamora, along with her boyfriend, kidnapped his ex-girlfriend, carried her across county lines and bludgeoned her to death. In Texas, this incident qualified as capital murder and the defendants were eligible for the death penalty if convicted. The Tarrant County district attorney did not seek the death penalty; the jury went into the case knowing that they would not have to make the decision to put someone to death.

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Zamora and her boyfriend were convicted and are currently serving life terms in prison. Life in Texas is 50 years – time off with good behavior can get that sentence down to 40 years. Zamora and her boyfriend may be celebrating their 59th birthdays at the restaurant of their choice while Tucker and her boyfriend are dead.

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What is the difference between these two couples? Tucker was an uneducated, unemployed drug addict that stole to pay for her habit when the proceeds from prostitution didn’t pay the bills. Her boyfriend was of the same ilk. Zamora was every mother’s dream – smart, pretty and on her way to the Naval Academy after high school. Her boyfriend earned an appointment to the Air Force Academy. The Travis County prosecutor told the media that he knew he could sell the death penalty to a jury. The Tarrant Count DA was afraid that jurors would see their own children in the faces of Zamora and her boyfriend and might hang the jury so he did not seriously consider the death penalty.

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Think about what the 8th and 14th Amendments say about the death penalty. The only thing the Constitution guarantees is that you get a fair trial. What does a fair trial mean? It has to be speedy and free of provable corruption and you cannot be compelled to testify against yourself. You are allowed to present a defense (i.e. evidence of your innocence). You are entitled to an attorney even if you cannot afford one and if convicted by a jury of your peers you are able to appeal your verdict. If you lose your appeals your punishment cannot be excessive. If given the death penalty, it cannot be cruel and unusual.

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