McCleskey v. Kemp

April 22, 2012, 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.

Wrongful Convictions, Wrongful Bias

By Cassandra Stubbs, ACLU Capital Punishment Project at 9:55am

The most important payment we can make on the debt we owe to wrongfully convicted defendants is to break the link between race and the death penalty.

The Dred Scott of Our Time

By Cassandra Stubbs, ACLU Capital Punishment Project at 11:09am

This Sunday marks the 25th anniversary of the Supreme Court's decision that a defendant cannot rely upon statistical evidence of racial bias to prove his death sentence unconstitutional.

The U.S. Death Penalty — An International Human Rights Wrong?

By Avinash Samarth, ACLU National Security Project at 9:51am

In 2011, the top five executioners were China, Saudi Arabia, Iraq, Iran and the United States. This is not the company we want to keep.

If Germany Had the Death Penalty: a Thought Experiment

By Denny LeBoeuf, Capital Punishment Project at 10:10am

Does America deserve to have the death penalty?

VICTORY! North Carolina Judge Finds Intentional Racial Discrimination in Death Penalty System

By Cassandra Stubbs, ACLU Capital Punishment Project at 11:10am

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

A Personal Reflection on McCleskey v. Kemp

By Diann Rust-Tierney

April 22 marked 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, last week the ACLU Blog of Rights  featured a new post about McCleskey and its legacy. You can read all the posts here, and visit mccleskeyvkemp.com to learn more.

Fighting for "Too Much Justice"

By Vanita Gupta, Center for Justice at 4:22pm

In the last 40 years, this country's "tough on crime" policymaking has sacrificed the lives and rights of people of color at the altar of politics.

A Shameful Race-Based System of "Justice"

By Brian Stull, ACLU Capital Punishment Project at 1:29pm

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

25 Years After McCleskey, Looking Forward to Legislative Fixes of Supreme Court Error

By Tanya Greene, Advocacy and Policy Counsel, ACLU at 9:54am

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.

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