The hosts are joined by Josie Duffy Rice of The Appeal to discuss another death penalty case — McCleskey v. Kemp. In this 1987 decision, the Supreme Court held that statistical evidence of systemic racial disparities is not enough to prove discrimination. Instead, defendants have to show that individual prosecutors, judges or juries pursued them with racist intent. As a result, states were basically let off the hook for perpetuating systemic racism in death penalty cases.
Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.
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5-4 Presents: Unreformed - "The Lucky Ones"
In re Gault with Josie Duffy Rice
Prosecutorial Immunity, or "FTP" Means Prosecutors Too [TEASER]
Connick v. Thompson Encore
"Jones Day Made Trump" - Live at Harvard Law with David Enrich
Korematsu v. United States
Your Questions Answered [TEASER]
Giles v. Harris
McDonnell v. United States
5-4 Presents: If Books Could Kill - "Outliers"
The 2022 Five Four Giving Guide: More Ways to Help
The Pelican Brief
Sonia Sotomayor [TEASER]
Glossip v. Gross
Utah v. Strieff
Public Defenders: "Incarceration Doesn't Make Us Safe" [TEASER]
Samuel Alito [TEASER]
Bowers v. Hardwick
Independent State Legislature Theory
Rhiannon Resigned and Peter Got Fired [TEASER]
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