Prosecutorial narratives about women and LGBTQ persons facing a sentence of death often invoke pernicious stereotypes, asking juries to sentence a person to death for who they are, rather than what they’ve done. This article proposes a jurisprudence focused on the harm to the individual, rather than whether the bias infected the entirety of the proceedings.
Jessica Sutton, et al., Death by Dehumanization: Prosecutorial Narratives of Death-Sentenced Women and LGBTQ Prisoners, 95 St. John’s L. Rev. (forthcoming Fall 2022) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4032681