Of those sentenced to death for crimes committed as juveniles, two-thirds are people of color. Additionally, two-thirds of the victims of juvenile offenders on death row are white. In California each year there are from 600 to 800 willful homicides that involve felonies. Prosecutors and juries have significant say in which of those 600-800 homicides will lead to death sentences. About 25 of them usually result in death sentences.
Prosecutors can also decide whether to charge defendants in state or federal courts.
Currently, racial minorities are being prosecuted under federal death penalty law far beyond their proportion in the general population or the population of criminal offenders. The underlying crimes for which these defendants are being prosecuted are not excusable. But the statistics raise questions about why these defendants were chosen for the death penalty. Such assistance varies among states, and federal funding for legal assistance involving capital punishment resource cases was cut in 1996. But studies show that state-appointed lawyers in capital cases are typically underqualified, underpaid, overworked, and unable to provide adquate representation.