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- Title
RACE AND PROPORTIONALITY SINCE MCCLESKEY v. KEMP (1987): DIFFERENT ACTORS WITH MIXED STRATEGIES OF DENIAL AND AVOIDANCE.
- Authors
Baldus, David C.; Woodworth, George; Grosso, Catherine M.
- Abstract
The article examines the efforts to address racial concerns and claims since McCleskey v. Kemp in courts and legislatures at the federal and state levels in the U.S. In doing so, it focused principally on the judicial response of three northeastern states with a history of concern about issues of racial justice: Pennsylvania, Maryland and New Jersey. It is stated the McCleskey case has nearly eliminated the incentive of federal and state courts and legislatures to address meaningfully the issue of racial discrimination in the administration of the death penalty, and has provided them with a political and legal framework for denying and avoiding the issue.
- Subjects
PENNSYLVANIA; MARYLAND; NEW Jersey; CRIMINAL justice system; MCCLESKEY v. Kemp; CRIMINAL law; RACE discrimination; RACIAL harassment; DISCRIMINATION in law enforcement; CAPITAL punishment; HUMAN rights; RACIAL identity of African Americans
- Publication
Columbia Human Rights Law Review, 2007, Vol 39, Issue 1, p143
- ISSN
0090-7944
- Publication type
Article