Dressler and Garvey: 3. 367-500 (1996), HeinOnline, excerpted in Critical Race Theory: The Cutting Edge 204-210 (Richard Delgado & Jean Stefancic eds., 2d ed. At the penalty hearing, the jury heard arguments as to the appropriate sentence. In support of his claim, McCleskey proffered a statistical study performed by Professors David C. Baldus, Charles Pulaski, and George Woodworth (the Baldus study) that purports to show a disparity in the imposition of the death sentence in Georgia based on the race of the murder victim and, to a lesser extent, the race of the defendant. The State must demonstrate that the challenged effect was due to "`permissible racially neutral selection criteria.'" * Provides a guide to taking law school exams. 327-411 (1991), HeinOnline, Michael J. Klarman, The Racial Origins of Modern Criminal Procedure, 99 Mich. L. Rev. It is shelved near the reference desk - just ask a librarian to show you where. Legislatures also are better qualified to weigh and "evaluate the results of statistical studies in terms of their own local conditions and with a flexibility of approach that is not available to the courts" Capital punishment is now the law in more than two-thirds of our States. 737-802 (1991), HeinOnline, Dwight L. Greene, Drug Decriminalization: A Chorus in Need of Masterrap's Voice, 18 Hofstra L. Rev. Still, it has a few entries on procedural topics. McCleskey's claim is not a fanciful product of mere statistical artifice. Two additional concerns inform our decision in this case. Justice Powell refused to apply the statistical study in this case given the unique circumstances and nature of decisions that face all juries in capital cases. This product contains well-prepared briefs for each major case in Kaplan's casebook on criminal law. Stevens did not go so far as to suggest that the death penalty was inherently inappropriate under these circumstances, but stated that the case should have been remanded to the Court of Appeals for a determination of the validity of the Baldus study. David Cole, Two Systems of Criminal Justice, in The Politics of Law: A Progressive Critique, 410-433 (David Kairys ed., 3d ed. The jury convicted McCleskey of murder.

Entire books have been written about the more famous cases such as Brown v Board of Education. McCleskey v. Kemp.

Drug Policy, 131 Harv.          Political / Social. The Court's explanations for its failure to apply this well-established equal protection analysis to this case are not persuasive. AudioCaseFiles also contains the written text of the case -  a great back-up if you forget your casebook.

Jody Armour, Where Bias Lives in the Criminal Law and Its Processes: How Judges and Jurors Socially Construct Black Criminals, 45 Am. To learn more, please do use our much longer Guide to legal resources in the Lloyd Sealy Library ... (2003). Michelle Oberman, Getting Past Legal Analysis or How I Learned to Stop Worrying and Love Teaching Rape, 45 Creighton L. Rev.

World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu).

These answers can be used to foster a deeper understanding of criminal law and to show students exactly how to apply the rules they learned in class on an actual multiple-choice exam. 2000), Classified Stacks KF4755.C75 2000  capital punishment and cases;   freedom of speech and cases;   law and capital punishment. As these examples illustrate, there is no limiting principle to the type of challenge brought by McCleskey.

The discrepancy indicated by the Baldus study is "a far cry from the major systemic defects identified in Furman." It is the particular role of courts to hear these voices, for the Constitution declares that the majoritarian chorus may not alone dictate the conditions of social life. 3. Law is not static, but changes over time. Statement of the Facts: Petitioner McCleskey, an African-American man, was convicted of armed robbery and murder in Georgia. Similarly, the race-of-victim factor is nearly as crucial as the statutory aggravating circumstance whether the defendant had a prior record of a conviction for a capital crime. Many of these great legal resources are available online. Generally, any overview of a topic in a legal reference work work will identify the most important relevant cases. Nor did we demand a demonstration that such considerations had actually entered into other sentencing decisions involving heinous crimes. McCleskey secured the front of the store by rounding up the customers and forcing them to lie face down on the floor. Supreme Court of United States. As we have noted, a prosecutor can decline to charge, offer a plea bargain, or decline to seek a death sentence in any particular case.

Specifically, "there can be `no perfect procedure for deciding in which cases governmental authority should be used to impose death.'" Law. The manager was forced at gunpoint to turn over the store receipts, his watch, and $6. In vacating the sentence, we did not ask whether it was likely that Godfrey's own sentence reflected the operation of irrational considerations.

Transcripts are word-for-word accounts of what was said in court. Pol'y & L. 41-80 (2009), HeinOnline, Joshua Dressler, Criminal Law, Moral Theory, and Feminism: Some Reflections on the Subject and on the Fun (and Value) of Courting Controversy, 48 St. Louis U. L.J. Nor did we require proof that juries had actually acted irrationally in other cases. 141-203 (2015), HeinOnline, Susan Estrich, Teaching Rape Law, 102 Yale L. J. 1419-1482 (1991), HeinOnline, Dwight L. Greene, Abusive Prosecutors: Gender, Race & Class Discretion and the Prosecution of Drug-Addicted Mothers, 39 Buff. 1998), catalog record.

In Nexis Uni, use the Discover Topics links to browse to landmark criminal justice cases. Defendant, claimed that this was a violation of his Fourteenth and Eighth Amendment rights. He argued that the data McCleskey produced is best presented to legislative bodies and not to the courts. Furman held that the death penalty "may not be imposed under sentencing procedures that create a substantial risk that the punishment will be inflicted in an arbitrary and capricious manner. E.g. 799 (2012), HeinOnline. "Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information online from federal appellate, district, and bankruptcy courts, and the PACER Case Locator. 1143-166 (2004), HeinOnline, Courtney Fraser, From Ladies First to Asking for it: Benevolent Sexism in the Maintenance of Rape Culture, 103 Calif. L. Rev.

These books present the law in a text format with references to cases, statutes and secondary sources.

There are also indexes called "digests" that list cases by topic.

457-500 (1990), HeinOnline, John A. Powell; Eileen B. Hershenov, Hostage to the Drug War: The National Purse, the Constitution and the Black Community, 24 U.C. Thus, the Baldus study indicates that black defendants, such as McCleskey, who kill white victims have the greatest likelihood of receiving the death penalty. According to the Court, the statistical evidence is less relevant because, in the two latter situations, there are fewer variables relevant to the decision and the "statistics relate to fewer entities.". Or search using words describing your topic, and the words "cases" or "law" or "legal".

In addition, it reflects the fact that concern for arbitrariness focuses on the rationality of the system as a whole, and that a system that features a significant probability that sentencing decisions are influenced by impermissible considerations cannot be regarded as rational. The court followed the jury's recommendation and sentenced McCleskey to death. Facts: Defendant, a black man, was convicted of two counts of robbery and one count of murder. It is possible to track subsequent history of a case since it was heard. Thompson West's Hornbook Series cover topics in great detail and is useful for obtaining a deeper understanding of a subject. I disagree with the Court's assertion that there are fewer variables relevant to the decisions of jury commissioners or prosecutors in their selection of jurors, or to the decisions of employers in their selection, promotion, or discharge of employees. This title contains more than one hundred essay questions, some of which focus on specific subject areas, and some of which examine a number of interwoven topics. 217, 243 (1989), JSTOR, excerpted in Applications of Feminist Legal Theory to Women's Lives: Sex, Violence, Work, and Reproduction 484-494 (D. Kelly Weisberg ed., 1996), Classified Stacks K349.A67 1996, James J. Tomkovicz, On Teaching Rape: Reasons, Risks, and Rewards, 102 Yale L. J. The study found that black defendants who kill white victims are the most likely to receive death sentences in the state.

The question "is at what point that risk becomes constitutionally unacceptable. 10,18 (2013) HeinOnline, Jack Carnegie, Juvenile Justice, 78 Tex. L. Rev. During the course of the robbery, a police officer, answering a silent alarm, entered the store through the front door. He argues that race has infected the administration of Georgia's statute in two ways: persons who murder whites are more likely to be sentenced to death than persons who murder blacks, and black murderers are more likely to be sentenced to death than white murderers.

Petitioner exhausted his direct appeals.

Ethics 20-23 (1992), HeinOnline, Lu-in Wang, Recognizing Opportunistic Bias Crimes, 80 B, U.L. Such a risk would arise, we said, because of the likelihood that jurors reluctant to impose capital punishment on a particular defendant would refuse to return a conviction, so that the effect of mandatory sentencing would be to recreate the unbounded sentencing discretion condemned in Furman. Brennan further contended that, even if capital punishment were constitutional, this could hardly be so where it was demonstrably biased against members of a particular race. Expert case studies and analyses and quicknote definitions of legal terms help you prepare for class discussion. Kemp."[6]. & Bus. Implementation of these laws necessarily requires discretionary judgments. Rev.

Worth a look is the useful list of Landmark Cases in  Nexis Uni. 1574-1597 (1993), HeinOnline Brown v Board of education. The Court also declines to find McCleskey's evidence sufficient in view of "the safeguards designed to minimize racial bias in the [capital sentencing] process." The Baldus study indicates that, after taking into account some 230 nonracial factors that might legitimately influence a sentencer, the jury more likely than not would have spared McCleskey's life had his victim been black. Three dissenting opinions were filed by Justices Brennan, Blackmun, and Stevens. According to this model, black defendants were 1.1 times as likely to receive a death sentence as other defendants. After searching, you can narrow your results with the filters on the right hand side. Despite these imperfections, our consistent rule has been that constitutional guarantees are met when "the mode [for determining guilt or punishment] itself has been surrounded with safeguards to make it as fair as possible." J. Personalization features such as Alerts and saved searches and a collaborative workspace with shared folders and annotated documents are also included.