McCleskey v. Kemp ft. Josie Duffy Rice
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.
A podcast where we dissect and analyze the Supreme Court cases that have bulldozed our civil rights, like the Cargill corporation has bulldozed the Amazon Rainforest