The equal protection clause of the Fourteenth Amendment says that no state "can deny to any person within its jurisdiction the equal protection of the laws." The death penalty has been challenged as a violation of this clause because of .

racial bias in the application of the punishment.

Explanation:The color of a defendant and victim's skin plays a crucial and unacceptable role in deciding who receives the death penalty in America. People of color have accounted for a disproportionate 43 % of total executions since 1976 and 55 % of those currently awaiting execution. A moratorium of the death penalty is necessary to address the blatant prejudice in our application of the death penalty.

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