Interpreting The McCleskey V. Kemp (1983) Decision
In order to prove the existence of purposeful discrimination, McCleskey must first demonstrate that he belonged to a group “that is a recognizable, distinct class, singled out for different treatment” (McCleskey v. Kemp 318). Here, McCleskey relied on the Baldus study, a statistical study that shows a “disparity in the imposition of the death sentence…based on the race of the murder victim and…the race of the defendant” (McCleskey v. Kemp 300). The study…
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