Topic: Race and the Death Penalty
The death penalty, clearly, is not without controversy. Yet currently, we retain the policy. Often intersecting with the death penalty are issues related to race. It can be difficult to sort out the research findings belonging to these intersecting areas, and it is not uncommon to hear repeated narratives on the subject, which are often laced more with opinion than empirically driven facts.
One polarizing case from the Supreme Court dealing with race and the death penalty isMcCleskey v. Kemp XXXXXXXXXXIt is in your reading. Cited in that case is the Baldus study -the data for that study was from over 40 years ago and right during and after the death penalty was struck as unconstitutional and reinstated in Georgia XXXXXXXXXX).
For this discussion, you will be dissecting the case,McCleskey v. Kemp(1987).The decision has been criticized by many and supported by others. It is important to read the footnotes in this case as the Court is guiding the reader in their rationale -among them is the slippery slope argument. You should consider the case in light of several themes; 1) what was the case about, 2) was the orientation to such claims made by the defendant reasonable given the challenges made (was the Baldus study reasonable evidence to challenge his death sentence), 3) is the Court's solution reasonable for presenting proof in cases where discrimination may be operating -to put it simply, they require evidence of discrimination in each particular case as opposed to an aggregate showing across the board such as with the Baldus study)? 4) what are the ramifications of this decision?
Please stick to the case. It will be evident if you read it.
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