Race and the death penalty : the legacy of McCleskey v. Kemp / edited by David P. Keys and R. J. Maratea.

Format:

Book

Contributor:

Keys, David P., editor.

Maratea, R. J., 1973- editor.

Language:

English

Subjects (All):

Capital punishment--United States.

Capital punishment.

Discrimination in capital punishment--United States.

Discrimination in capital punishment.

Discrimination in criminal justice administration--United States.

Discrimination in criminal justice administration.

Physical Description:

1 online resource (231 p.)

Edition:

1st ed.

Place of Publication:

Boulder, Colorado ; London, [England] : Lynne Rienner Publishers, 2016.

Language Note:

English

Summary:

In what has been called the Dred Scott decision of our times, the US Supreme Court found in McCleskey v. Kemp that evidence of overwhelming racial disparities in the capital punishment process could not be admitted in individual capital cases-in effect institutionalizing a racially unequal system of criminal justice. Exploring the enduring legacy of this radical decision nearly three decades later, the authors of Race and the Death Penalty examine the persistence of racial discrimination in the practice of capital punishment, the dynamics that drive it, and the human consequences of both.

Contents:

Title Page ; Copyright page ; Dedication page ; Contents ; Tables and Figures ; Table 5.1 Likelihood of Prosecutor Seeking the Death Penalty and Capital Punishment Being Sentenced Based on Race of Defendant and Victim; Table 7.1 Probability of Prosecutor Seeking a Death Sentence by Offender and Victim's Race and Offender/Victim Racial Combinations; Table 7.2 Probability of Prosecutor Seeking a Death Sentence by Location of the Homicide; Table 7.3 Logistic Regression Results for the Decision of the Prosecutor to Seek a Death Sentence, Case Characteristics

Table 7.4 Logistic Regression Results for the Decision of the Prosecutor to Seek a Death Sentence, Adjusted Racial and Geographic FactorsTable 7.5 Covariate Balance Before and After Case Matching on Race of Victim and Urban/Rural (reported as proportions); Table 9.1 Probability of Prosecutor Charging Capital Homicide (Phase 1); Table 9.2 Probability of Prosecutor Requesting Death Penalty(Phase 2); Table 9.3 Probability of Death Sentence (Phase 3); Figure 11.1 Comparing Death Row Populations and Executions in Texas and California; Acknowledgments

Chapter 1- Racial Bias and Capital Punishment Part 1- The Crisis of Race and Capital Punishment ; Chapter 2- McCleskey v. Kemp and the Reaffirmation of Separate but Equal ; Placing McCleskey in Historical Context ; Institutionalized Discrimination and Capital Punishment; What Is to Be Done?; Note ; Chapter 3- Revisiting McCleskey v. Kemp: A Failure of Sociological Imagination?; The Baldus Study; McCleskey v. Kemp: "Private Trouble" or "Public Issue"?; Assumptions of the Court's Legal Theory; Chapter 4- McCleskey and the Lingering Problem of "Race"; The Death Penalty: Still Discriminatory

How McCleskey Ensures the Death Penalty Remains ArbitraryConclusion; Notes; Part 2- Race, Class, and Capital Sentencing ; Chapter 5- Overcoming Moral Peril: How Empirical Research Can Affect Death Penalty Debates; Morality and the Death Penalty Debate; From the Moral to the Empirical: Using Datato Evaluate the Efficacy of Capital Punishment; Judicial Interpretations of Statistical Data Pertaining to Capital Punishment; Conclusion; Notes; Chapter 6- Capital Sentencing and Structural Racism: The Source of Bias; The Role of the Prosecutor; Role of the Capital Jury; The Sources of Racial Bias

Potential RemediesConclusion; Notes; Chapter 7- Capital Case Processing in George After McCleskey: More of the Same ; Research on Capital Sentencing; Data Sources; Results; Discussion; Appendix A: Case Characteristics; Appendix B: Georgia Statutory Aggravating Factors; Notes; Chapter 8- Addressing Contradictions with the Social Psychology of Capital Juries and Racial Bias; Juror Characteristics; Stereotypes, Concentration, and the Capital Jury; Attitude/Stereotype Concentration and Group Polarization; Intensification of Juror Attitudes and Perceptions; Group Polarization; Conclusion ; Notes

Chapter 9- Nothing Succeeds Like Failure: Race, Decisionmaking, and Proportionality in Oklahoma Homicide Trials, 1973-2010

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78785-811-1

1-62637-513-5

OCLC:

946725705