Bigger’s social standing as an African American makes it seem as if his sentence is too harsh, yet at the time, most of America granted the death penalty to anyone who had committed 1st-degree murder with at least one statutory aggravating circumstance. Bigger commits both of these crimes. He sexually assaults Mary before committing 1st-degree murder qualifying him for the death penalty. Although some might say that his racial and economic situation kindled loopholes and unfair technicalities making it easier for the court to give him a harsher sentence, due to the laws at the time and the brutality of his crimes, the court's final judgment is valid. Illinois’ laws at the time stated that any murder could be qualified for the death penalty if it included one or more aggravating circumstances; “Aggravating circumstances would include murder by a convict under sentence; murder by a person who had previously …show more content…
committed a murder or a felony with threat of violence; double murder; murder endangering the lives of numerous other persons; murder while committing, attempting to commit, or fleeing from commission of such crimes as arson, burglary, robbery, rape or kidnaping; murder to avoid lawful arrest; murder for hire; murder of a heinous or atrocious nature.” (Kuebler) Since Bigger’s crimes not only qualify as murder by a person who had previously committed a murder but also in murder while committing rape,