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15 Idaho Critical Legal Stud. J. 1 (2022)

handle is hein.journals/tcrit15 and id is 1 raw text is: 






         ENSURING BLACK LIVES MATTER WHEN THE PENALTY IS DEATH




                                      SIDNEY   BALMAN*


                  [I]t is not so much that the death penalty has a race problem
                  as it is that the race problems of America manifest themselves
                       through  the implementation of the death penalty.

INTRODUCTION

        Trayvon Martin.2 Michael  Brown.3  Breonna  Taylor.4 George  Floyd.5 These are several of

the names that come to mind  when we  think about the Black Lives Matter (BLM)  movement.  They


are the faces of institutional oppression of Black men and women  in their daily interactions with

law  enforcement. Thus  far, the BLM   movement   has focused  on police brutality against Black


communities-the vagaries of   violence perpetrated on minority communities  by those whose  duty

is to protect them.6 But there is another place where Black Lives should  Matter, but don't-the


death penalty.







* J.D. from the University of Richmond School of Law. From initial brainstorming to final draft, this project
consumed countless hours and involved the support of so many people. This article would not have been possible
without the mentorship, guidance, and inspiration from Professor Corinna Lain. And, of course, I would not be
where I am today without the support and love of my family and my partner, Nicole. To them I am forever grateful.
* Disclaimer: The opinions and statements contained herein are mine alone and do not represent the opinion or
interest of my employer or any state or city agency.
1 55 Harv. C.R.-C.L. L.Rev 585, 589 (2020).
2 Karen Grigsby Bates, A Look Back at Trayvon Martin's Death, and the Movement it Inspired, NPR (July 31,
2018), https://www.npr.org/sections/codeswitch/2018/07/31/631897758/a-look-back-at-trayvon-martins-death-and-
the-movement-it-inspired.
3 Timeline of events in shooting of Michael Brown in Ferguson, AP NEWS (Aug. 8, 2019),
https://apnews.com/article/9aa32033692547699a3b61da8fdlfc62.
a Richard A. Oppel Jr., Derrick Bryson Taylor & Nicholas Bogel-Burroughs, What to Know About Breonna Taylor's
Death, N.Y. TIMES (Jan. 6, 2021), https://www.nytimes.com/article/breonna-taylor-police.html.
5 Evan Hill, Ainara Tiefenthaler, Christiaan Triebert, Drew Jordan, Haley Willis, & Robin Stein, How George Floyd
was Killed in Police Custody, N.Y. TIMES (May 31, 2020), https://www.nytimes.com/2020/05/31/us/george-floyd-
investigation.html.
6 Larry Buchanan, Quoctrung Bui, & Jugal K. Patel, Black Lives Matter May be the Largest Movement in U.S.
History, N.Y. TIMES (July 3, 2020), https://www.nytimes.com/interactive/2020/07/03/us/george-floyd-protests-
crowd-size.html.


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