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A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein
A Criminal Quartet: The Supreme Court's Resolution Of Four Critical Issues In The Criminal Justice System, Richard Klein
Richard Daniel Klein
No abstract provided.
Challenging The Death Penalty With Statistics: Furman, Mccleskey And A Single County Case Study, Steven Shatz, Teresa Dalton
Challenging The Death Penalty With Statistics: Furman, Mccleskey And A Single County Case Study, Steven Shatz, Teresa Dalton
Steven F. Shatz
In the forty year history of the Supreme Court's modern death penalty jurisprudence, two cases — Furman v. Georgia (1972) and McCleskey v. Kemp (1987) — stand out above all others. Both cases turned on the Court's consideration of empirical evidence, but they appear to have reached divergent — even altogether inconsistent—results. In Furman, the Court relied on statistical evidence that the death penalty was infrequently applied to death-eligible defendants to hold that the Georgia death penalty scheme was unconstitutional under the Eighth Amendment. In McCleskey, the Court, despite being presented with statistical evidence that race played a significant role …