Mcclesky V. Kemp Case Study

The death penalty, also known as Capital Punishment, has been a punishment worldwide for hundreds of years (Stearman, 5). Every country around the world has its own way of executing the death sentence. The United States has moved from hanging people to using the electric chair to the gas chamber and now to the lethal injection (Wolf, 13). The death penalty is unconstitutional because it violates the rights of the people, which are the “Equal Rights Clause” (14th Amendment), Cruel or Unusual Punishment (8th Amendment), the Right to a Speedy Trial (6th Amendment), and the Freedom of Religion (1st Amendment). “Equal Rights Clause” The “Equal Rights Clause” has been violated many times, while the government exerts its power over the minority ethnicities …show more content…
Kemp Case, which was a case where Warren McClesky (African American) was sentenced to the death penalty for armed robbery and murder a white, Atlanta Police Officer Frank Sclatt (McClesky v. Kemp Case). He could have just gotten a couple of years in prison, but the fact that he was an African American and the police officer was White changed the circumstances and punishment. “McClesky alleged that the state’s capital sentencing process was administered in a racially manner, violating the 14th Amendment in the state of Georgia.” (McClesky v. Kemp Case). He based his claims in “The Baldus Study”, which was a study conducted by David C. Baldus, a law professor at the University of Iowa. He concluded that people accused of killing white victims were 4.3 times more likely to receive the death penalty than defendants accused of killing black victims (David C. Baldus). Additionally, it showed that black defendants were 1.1 times more likely than white defendants to receive the death penalty (David C. Baldus). The Supreme Court said that the statistical evidence presented did not present substantial evidence that would avoid the death sentence (McClesky v. Kemp …show more content…
Jurors shouldn’t be there in the first place, because their beliefs interfere with their verdict. There are hardly a lot of minorities in a jury where the defendant is a member of the minority group. A perfect example is the criminal stereotyping of suspects. In the court, as soon as the jury sees the suspect and the crime committed, they can already “tell” if he/she is innocent or guilty. The jury makes that assumption based only on the ethnicity of the defendant without even listening to the evidence. Making it harder for the defendant to have a fair case. Many African Americans are automatically stereotyped as criminal and dangerous (Criminal Stereotype of African Americans). Freedom of Religion In a death sentence case, many jurors base their vote on whether they are against or for capital punishment based on religion (Religion and Capital Punishment). Many religions have a different view or opinion on the death penalty. For example, Christianity: The New Testament forbids it, The Roman Catholic Church says that it is a “lawful slaying” and the judicial system has the power over life and death. Orthodoxy, Anglican and Episcopalian are all against capital punishment, and Islam’s view is that everyone has the right to live, except when the law demands it (Religion and Capital Punishment). As a result, most of the jurors are going to give their verdict

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