“A Fatally Flawed System” : A critical investigation of the 2021 cases on the American Death Row where 11 people were executed

Abstract: The death penalty in the US has long been characterized by racist prejudices and mistakes. Previous research suggests that the majority of those executed are intellectually disabled people, black people and the poor. Furthermore, innocent people are too often convicted and executed, those with intellectual disabilities lack adequate protection in the legal process and racism is an inherent part of the criminal justice system. This essay investigates which of the 11 American people, executed in 2021, were particularly exposed or vulnerable to the death penalty from an intersectional perspective. It captures patterns regarding the defendants' identity markers and the discrimination, human rights violations or constitutional violations that occurred in the cases and legal processes, according to the defendants' legal teams. The material consists mainly of legal documents and the research questions are answered through a qualitative text analysis, with Intersectionality and Critical Race Theory as the theoretical framework.  The research show that ten out of 11 cases were problematic or indicated ambiguities. Black people, intellectually disabled people and the poor continue to be discriminated against. Several of the defendants with intellectual disabilities would not be eligible for the death penalty today. In conclusion, black poor men with intellectual disabilities and a history of abuse, along with poor women with mental health issues, intellectual disabilities and a history of abuse, were particularly vulnerable to the criminal justice system, because of the multifaceted discrimination they were exposed to.