Marcellus Williams: A Haunting Reminder of Mill’s Racial Contract Theory     

Charles W. Mills’ 1997 work, The Racial Contract, contends that American society implicitly assumes whiteness to be the norm and excludes non-whites from equal participation in society. The Racial Contract states that there exists an unspoken social contract within our nation that operates through biases and creates disparities throughout every sphere of society. Mills posits his theory that within this racial contract, “racial clauses,” or inherent biases in our societal system, lead to hierarchies that inherently benefit members of the white race at the cost of non-white members. Mills explains that the inherent biases within this social hierarchy inherently mean non-whites are viewed as inferior, perpetuating power systems that are rooted in the global history of colonialism and slavery. 

Mills contends that the history of our nation and systems of slavery, segregation, and discrimination have created a system of economic and cultural disparities in society between black and white communities, creating an “underclass” of black people (Mills, 2). Mills furthers that this system of repression is furthered by the racial contract, which exists through the aforementioned system of biases that plague black people, especially through stereotypes. For instance, Mills explains how harmful segregation-era stereotypes of black men being subhuman or “savages” still persist today (Mills, 21), which he implies cause bias within the criminal justice system (Mills, 23).  

Statistics on how capital punishment is disproportionately allocated to black and brown people immediately connect to Mills’ theory. For instance, Black men represent 7% of the U.S. population but 42% of death row inmates. (NACDL, 3). This wide disparity brings with it the shocking revelation that the most extreme outcome of the justice system is given a majority of time to black and brown perpetrators. This inequity connects with what Mills says when discussing how current systems remain unfair because they still have the legacy of the racism that was used to construct them. The mechanics of this racist legacy are the conscious and unconscious biases that infiltrate every institution, which in turn creates a completely different living experience for White and Non-white people. Mills explains, “The different racial experiences generate an alternative moral and political perception of social reality, which is encapsulated in the insight from the black American folk tradition.” (Mills 230). Here, Mills explains that privileged white people may feel that equality has been achieved because overt racism is limited on the surface, especially following the passing of the Civil Rights Act.  However, through a deep dive into the black experience and perspective, one realizes that true equality is inhibited by the bias in institutions such as the criminal justice system. Disparities in capital punishment allocation persists because the very institution of execution has been a racist institution since the time it started. In fact, 90 percent of executions in 1953 were of black men (Acrosswells, 2). Since 1978, 37% of those executed by our government were black men, while making up only 13% of our population.  These disparities are apparent and point to inequities in the criminal justice system, directly connecting to the racial contract. 

As millions around the nation grieve the recent execution of Marcellus Williams in 2024, Mill’s concept of the Racial Contract is incredibly relevant, especially in the context of the large racial disparity in capital punishment allocation between whites and blacks in America. The many discrepancies in the case of Marcellus Williams, which eventually led to his wrongful execution, are an exemplification of Mill’s Racial Contract Theory and the impacts of systematic bias within the death penalty system. 

The heart-wrenching story of Marcellus Williams, his struggles with the criminal justice system, and his wrongful execution shatter any viewpoint that the criminal justice system and especially the allocation of capital punishment, is justice-seeking. The racial contract, which manifested itself through the bias that Marcellus Williams faced, obscured justice.  Marcellus Williams was convicted in Missouri in 2001 for burglary and the murder of Felicia Gayle, who was stabbed 43 times with a butcher’s knife. Crucially, DNA evidence recovered both at the crime scene—including a bloody footprint—and on the murder weapon did not match Williams (Midwest Innocence Project, 2). Instead, his conviction relied heavily on two incentivized testimonies: one from a former cellmate who claimed Williams had confessed to him and another from a woman with an extensive criminal record who had briefly dated Williams. Additionally, a witness testified that Williams had attempted to sell him an item belonging to the victim. However, the jury was never informed that Williams had claimed he received that item from the same woman who testified against him (Innocence Project, 2).

Furthermore, the trial procedure itself was riddled with stereotypes of the black community. In fact, one potential black juror was ruled out for “looking like he could be Mr. Williams’ brother”. In fact, six of seven potential black jurors were ruled out of the jury (ACLU Missouri, 2). The inherent bias within the system also treated Mr. Williams as a political pawn and denied him the due process he deserved. Mr. Williams’ original execution was cancelled because then-Governor Eric Greitens recognized that the DNA results raised serious doubts about Mr. Williams’ guilt and instructed the creation of an independent board (Board of Inquiry) to investigate the matter. (Innocence Project 3). However, in June 2023, while the Board of Inquiry was investigating this, Governor Mike Parson (without warning or notice) dissolved the aforementioned Board of Inquiry and ordered Mr. Williams’ execution.“ (Innocence Project, 3). Without reason or explanation, Governor Parson overrode public sentiment and due process, even though both the prosecutor and the victim’s family members pled with the governor’s office to stop the execution but to no avail (Quednow, 3). The Racial Contract clearly applies to this case, especially because negative stereotypes of black men played such a large role in this case. Mills’ theory of colonial perceptions of black men still applies to this case, especially given the bias shown during the jury selection process. 

In addition, Mills’ commentary on how white lives are privileged in society and worth more is incredibly powerful: “It is proper, given both the historical record and the denial of it until recently, that white racism and whiteness should be the polemic focus of critique... Whiteness is not really a color at all, but a set of power relations.” (Mills 242). Here, Mills describes how white people have worked together to create a power structure that puts them at the top of it; this power structure creates a system that values white life more than the rest. This is clearly reinforced through the allocation of the death penalty, which almost exclusively selects to kill those who perpetrate crimes on white victims. As provided by the Death Penalty Information Center, “ Last year alone, 89% of the death sentences carried out involved white victims, even though 50% of the homicides in this country have black victims. [13] Of the 229 executions that have occurred since the death penalty was reinstated, only one has involved a white defendant for the murder of a black person.” (DPIC 3). In fact, Marcellus William was also sentenced to death for the murder of a white woman. These statistics exemplify Mill’s theory of a racial contract because it proves that capital punishment is pretty much exclusively used to punish murders of white people. It’s clear the death penalty is an expression of middle American rage against black men. It reflects the viewpoint that white life is inherently worth more than the lives of people from other groups. This aligns with the story of Marcellus Williams as well: the state was willing to kill a black man, even though there were serious questions about his guilt. It seems that Mr. Williams’ execution was a manifestation of white rage in the face of the murder of a white woman.

These large racial discrepancies in death penalty allocation exist because of biases that influence the subjective judicial decisions that lead to someone receiving the death penalty. The guidelines and factors that delineate death penalty application for convicted murderers are incredibly vague, which allows for subjective interpretation to create a new standard on a case-by-case basis. For instance, Oklahoma's use of the words "especially heinous, atrocious, or cruel" as an aggravating factor in death prosecutions was deemed unconstitutional by the U.S. Supreme Court in the 1988 case of Maynard v. Cartwright. According to the Court, this kind of wording left juries without clear direction, which could have resulted in arbitrary sentencing choices (Govinfo 3). States around the country, including Texas, Arkansas, and others, use similar and vague metrics that are up to interpretation for the judge and jury who decide the respective case. It implies that societal biases may infiltrate each of these choices in the framework of the racial contract. If drivers of yellow cars were regularly ticketed for speeding while drivers of other-colored cars were not, the enforcement of the speeding law would be seen as unjust—even if the law itself didn’t reference car color (DPIC, 6). Similarly, in a death penalty system where black men are disproportionately sentenced to death is clearly an unjust one. Decisions regarding the death penalty occur when a judge or jury rules that a crime committed is “horrific” and that the perpetrator deserves the death penalty. Given the racial contract, it’s incredibly foreseeable that a society that values white lives more than others would find that crimes committed by non-white members against whites are “most horrific," even if they are similar to crimes committed by whites against non-white populations. Decision-makers, whether it be a judge or a jury, might not openly say that race was a factor or even consciously realize it.

Because every part of a trial, such as deciding jury members or deciding which appeal gets heard in court, contains subjective decisions, inherent biases impact black and brown communities at every step of life in the American criminal justice system. These biases compound as judges and juries convene to make decisions about people’s lives. Mills explains, “Those who pretend not to see them [patterns of discrimination], who claim not to recognize the picture I have sketched, are only continuing the epistemology of ignorance required by the original Racial Contract” (Mills 245). This powerful quote expounds on the white ignorance that has provided the backdrop for institutions around the nation to continue their legacy of racism and discrimination, although behind the veil of being colorblind. The pattern of discrimination is evident in Mr. Williams’ trial, especially because of the discrepancies in jury selection and evidence reconsideration. The justice system operated under the mode of racial contract thought through this case and eventually killed an innocent man over it. 

Thus, the death penalty and its disproportionate sentencing of black and brown felons are indicative of a clear imbalance in our system, which is a physical manifestation of Charles Mills’ theory of the Racial Contract. His words still echo today, especially as discrepancies and disparities in different sectors of American society are examined. Although some critics of this view may hide behind the fog of a colorblind society, this confusion is immediately clarified by statistics that point to biases in the system, especially around subjective decisions made by people in power. Every single sector of our society requires people to make subjective decisions, such as deciding who to arrest for a crime and who to let go or who to approve for a loan and who to deny, which has historically led to discrimination towards the Black community (FR, 2). The inequalities of the past are perpetuated into the future if their implications on black and brown communities are ignored. Although our country has made great strides towards equality, this goal cannot be achieved until the Racial Contract is acknowledged and its impacts on each of our institutions are closely studied. May Mr. Williams rest in power, and may his memory continue to fuel the pursuit of a fairer, more just world.

Works Cited 

[1] Cranston, Maurice. "The Social Contract | Summary, State of Nature, Discourses, General Will, & Facts." Britannica, November 17, 2024. https://www.britannica.com/topic/The-Social-Contract.

[2] Death Penalty Information Center. "Arbitrariness." Accessed December 18, 2024. https://deathpenaltyinfo.org/policy-issues/arbitrariness.

[3] DPIC. "Race and the Death Penalty by the Numbers." Death Penalty Information Center. Accessed April 19, 2025. https://deathpenaltyinfo.org/policy-issues/biases-and-vulnerabilities/race/race-and-the-death-penalty-by-the-numbers?utm_source=chatgpt.com.

[4] AcrossWalls.org. "Executions Yearly by Sex in America from 1608." https://www.acrosswalls.org/datasets/executions-us/?otxkey=datasets-executions-us.

[5] Govinfo. Eighth Amendment - Further Guarantees in Criminal Cases. From the U.S. Government Printing Office. https://www.govinfo.gov/content/pkg/GPO-CONAN-1992/html/GPO-CONAN-1992-10-9.htm?utm_source=chatgpt.com.

[6] National Association of Criminal Defense Lawyers. "Race and the Death Penalty." December 7, 2022. https://www.nacdl.org/Content/Race-and-the-Death-Penalty.

[7] Innocence Project. "Man Faces Execution on Sept. 24 Despite Evidence of." Accessed April 19, 2025. https://innocenceproject.org/news/who-is-marcellus-williams-man-facing-execution-in-missouri-despite-dna-evidence-supporting-innocence/.

[8] Innocence Project. "Marcellus Williams." Accessed April 5, 2025. https://innocenceproject.org/cases/marcellus-williams/.

[9] Midwest Innocence Project. "Marcellus Williams." Accessed April 5, 2025. https://themip.org/clients/marcellus-williams/.

[10] ACLU of Arkansas. "Missouri's Execution of Marcellus Williams: A Grievous Act of State-Sanctioned Murder." September 25, 2024. https://www.acluarkansas.org/en/news/missouris-execution-marcellus-williams-grievous-act-state-sanctioned-murder. Accessed April 19, 2025.

[11] Death Penalty Information Center. "Racial Disparities in Federal Death Penalty Prosecutions 1988–1994." March 1, 1994. Accessed December 18, 2024. https://deathpenaltyinfo.org/research/analysis/reports/in-depth/racial-disparities-in-federal-death%20penalty-prosecutions-1988-1994.

[12] Federal Reserve History. "Redlining." June 2, 2023. https://www.federalreservehistory.org/essays/redlining. Accessed April 28, 2025.

[13] Von Quednow, Cindy, and Holly Yan. "Marcellus Williams is Executed Despite Prosecutors and the Victim’s Family Asking That He Be Spared." CNN, September 25, 2024. https://www.cnn.com/2024/09/24/us/marcellus-williams-scheduled-execution-date/index.html. Accessed April 5, 2025.