American Civil Liberties Union

April 22 marks the 25th anniversary of the Supreme Court decision in McCleskey v. Kemp, in which the Court ruled that a defendant cannot rely upon statistical evidence of systemic racial bias to prove his death sentence unconstitutional, no matter how strong that evidence may be. McCleskey has been roundly condemned as a low point in the quest for equality that begs to be revisited. To mark the occasion, every day this week the ACLU Blog of Rights will feature a new post about McCleskey and its legacy. You can read all the posts here, and visit mccleskeyvkemp.com to learn more.

Marcus Robinson will not be executed by the State of North Carolina but will instead spend the rest of his life in prison.

In Day 3 of the Velez hearing in Brownsville, Texas, I want to take a moment to explain the legal context – the rule of constitutional law – that will entitle Manuel Velez to relief if the judge, the Hon. Elia Cornejo Lopez, credits the facts presented.

The legal journey starts 50 years back with the U.S. Supreme Court’s landmark ruling in Gideon v. Wainwright.  There, the court held that the Constitution entitles poor people facing possible imprisonment counsel appointed at the state’s expense.  In later decisions, the court clarified that a poor person’s right to appointed counsel is a right to effective counsel.

Studies consistently show that the best predictor of who the State executes is the color of the victim's skin.