Detailed Notes on McCleskey v. Kemp

Case Citation: McCleskey v. Kemp, 481 U.S. 279 (1987)
Argued: October 15, 1986
Decided: April 22, 1987
Primary Holding: Statistical evidence of racial disparity in death penalty application does not prove violation of the Eighth Amendment unless discriminatory intent can be shown.

Defendant: Warren McCleskey, a black man.
Crime: Convicted of armed robbery and murder of a white police officer during a robbery in Georgia, 1978.
Sentencing: Jury recommended death penalty after considering aggravating and mitigating circumstances.
Claims: McCleskey asserted that Georgia’s capital sentencing process was racially discriminatory in violation of the Eighth and Fourteenth Amendments, relying on the Baldus study, which analyzed over 2,000 murder cases.

Key Findings:
- Shows significant racial disparity:
- Death penalty sought in 70% of cases involving black defendants and white victims.
- Only 15% for black defendants with black victims.
- White victim cases resulted in death sentences almost 11 times more often than black victim cases.
- Despite adjusting for nonracial factors, a strong correlation remained between the race of the victims and the likelihood of receiving the death penalty.

Discriminatory Purpose Requirement: To establish a violation of the Equal Protection Clause, a defendant must prove that decision-makers acted with discriminatory intent.
Court's Finding: McCleskey did not provide direct evidence that race influenced the specific decision in his case, thus failing to meet this burden.
Statistics Not Sufficient: The Court noted that while statistical evidence can suggest patterns, it was not enough to establish intent to discriminate in McCleskey's specific situation.

Prohibition against Cruel and Unusual Punishment: The Eighth Amendment does not mandate the elimination of all racial disparities in capital punishment.
Acceptable Risk: The study suggests a possible correlation with race, but the Court maintained that the standard for unconstitutional discrimination requires clear proof of arbitrariness that McCleskey did not meet.
Discretion in Sentencing: The Court highlighted the necessity of discretion in sentencing systems, indicating that individual circumstances must be considered in capital cases.

Justice Brennan: Argued that the death penalty under these circumstances is constitutionally unacceptable due to the presented racial disparities, advocating for a stricter adherence to Eighth Amendment protections.
Justice Blackmun: Raised concerns about the implications of systemic racial discrimination and argued for acknowledging the effects of race in the capital sentencing process.
Justice Stevens: Emphasized that precedent should hold weight in recognizing discriminatory practices and asserted the need for systemic change in the implementation of capital punishment in Georgia.

Court's Decision: The Supreme Court affirmed lower court rulings that denied McCleskey's claims, reinforcing the standard for judicial assessment of racial bias in capital sentencing.
Legislative Responsibility: The Court suggested that issues of racial disparity in sentencing are better suited for legislative address rather than judicial mandate.
Ongoing Debate: The decision sparked a broader conversation about the intersection of race and capital punishment, highlighting systemic flaws and the necessity for reforms.