Entries tagged with “McCleskey v. Kemp

Policy Issues

Race

,

United States Supreme Court

,

Apr 21, 2022

35 Years After McCleskey v. Kemp: A Legacy of Racial Injustice in the Administration of the Death Penalty

On April 22, 1987, the United States Supreme Court ruled in McCleskey v. Kemp that the same types of sta­tis­ti­cal data that were rou­tine­ly accept­ed as proof of racial dis­crim­i­na­tion in hous­ing, employ­ment, edu­ca­tion, and the denial of oth­er civ­il rights were not suf­fi­cient as proof that a death sen­tence had been uncon­sti­tu­tion­al­ly imposed.

Policy Issues

Race

,

Jun 26, 2020

Law Reviews — Valuing Black Lives: A Case for Ending the Death Penalty

States still oper­at­ing a cap­i­tal pun­ish­ment sys­tem are inca­pable of admin­is­ter­ing the death penal­ty free from racial dis­crim­i­na­tion and arbi­trari­ness.” So argues Alexis Hoag (pic­tured), Practitioner in Residence at the Eric H. Holder Jr. Initiative for Civil and Political Rights at Columbia University, in an arti­cle in the Spring 2020 issue of the Columbia Human Rights Law Review.

Policy Issues

Arbitrariness

,

Race

,

Feb 17, 2023

LAW REVIEWS: Ensuring Black Lives Matter When the Penalty Is Death

In a 2022 arti­cle pub­lished in the Idaho Journal of Critical Legal Studies, author Sidney Balman (pic­tured), exam­ines the rela­tion­ship between racism and geo­graph­i­cal arbi­trari­ness in the appli­ca­tion of the death penal­ty in the U.S. As in oth­er areas of soci­ety, he finds that Black lives are not val­ued equal­ly with oth­ers. He cites the Supreme Court’s deci­sion in McCleskey v. Kemp (1987) as the main legal obsta­cle to revers­ing this bias affect­ing cap­i­tal pun­ish­ment. Today,” he writes, McCleskey has come to stand for the Court’s refusal to address the…

Policy Issues

Race

,

United States Supreme Court

,

May 11, 2022

New DPIC Podcast: 35 Years After Controversial Supreme Court Decision, Prof. Alexis Hoag Discusses McCleskey v. Kemp’s Legacy

In the May 2022 episode of Discussions With DPIC, Professor Alexis Hoag (pic­tured) of Brooklyn Law School joined DPIC Deputy Director Ngozi Ndulue for a wide-rang­ing con­ver­sa­tion mark­ing the 35th anniver­sary of McCleskey v. Kemp, a 1987 U.S. Supreme Court deci­sion that reject­ed a con­sti­tu­tion­al chal­lenge to the death penal­ty that showed strong sta­tis­ti­cal evi­dence of racial dis­par­i­ties in cap­i­tal pros­e­cu­tions and death sen­tences. Professor Hoag, for­mer­ly an attor­ney at the NAACP Legal Defense and Educational Fund, Inc. (“LDF”), describes the deci­sion as crit­i­cal­ly impor­tant to our under­stand­ing of the…