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A history of the McCleskey v. Kemp Supreme Court ruling that effectively condoned racism in capital cases In 1978 Warren McCleskey, a black man, killed a white police officer in Georgia. He was convicted by a jury of 11 whites and 1 African American, and was sentenced to death. Although McCleskey’s lawyers were able to prove that Georgia courts applied the death penalty to blacks who killed whites four times as often as when the victim was black, the Supreme Court upheld the death sentence in McCleskey v.Kemp, thus institutionalizing the idea that racial bias was acceptable in the capital punishment system. After a thirteen-year legal journey, McCleskey was executed in 1991. In Killing with Prejudice, R.J. Maratea chronicles the entire litigation process which culminated in what has been called “the Dred Scott decision of our time.” Ultimately, the Supreme Court chose to overlook compelling empirical evidence that revealed the discriminatory manner in which the assailants of African Americans are systematically undercharged and the aggressors of white victims are far more likely to receive a death sentence. He draws a clear line from the lynchings of the Jim Crow era to the contemporary acceptance of the death penalty and the problem of mass incarceration today. The McCleskey decision underscores the racial, socioeconomic, and gender disparities in modern American capital punishment, and the case is fundamental to understanding how the death penalty functions for the defendant, victims, and within the American justice system as a whole.
A history of the McCleskey v. Kemp Supreme Court ruling that effectively condoned racism in capital cases In 1978 Warren McCleskey, a black man, killed a white police officer in Georgia. He was convicted by a jury of 11 whites and 1 African American, and was sentenced to death. Although McCleskey’s lawyers were able to prove that Georgia courts applied the death penalty to blacks who killed whites four times as often as when the victim was black, the Supreme Court upheld the death sentence in McCleskey v.Kemp, thus institutionalizing the idea that racial bias was acceptable in the capital punishment system. After a thirteen-year legal journey, McCleskey was executed in 1991. In Killing with Prejudice, R.J. Maratea chronicles the entire litigation process which culminated in what has been called “the Dred Scott decision of our time.” Ultimately, the Supreme Court chose to overlook compelling empirical evidence that revealed the discriminatory manner in which the assailants of African Americans are systematically undercharged and the aggressors of white victims are far more likely to receive a death sentence. He draws a clear line from the lynchings of the Jim Crow era to the contemporary acceptance of the death penalty and the problem of mass incarceration today. The McCleskey decision underscores the racial, socioeconomic, and gender disparities in modern American capital punishment, and the case is fundamental to understanding how the death penalty functions for the defendant, victims, and within the American justice system as a whole.
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Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book, Austin Sarat seeks to change the terms of that debate. Capital punishment must be stopped, Sarat argues, because it undermines our democratic society. Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bombing in Oklahoma City. Aided by a series of unsettling color photographs, he traces Americans' evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking, The Last Dance, and The Green Mile. Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people's sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America's killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life's complexities, and much further from solving the nation's ills. In short, it leaves us with an impoverished democracy. The book's powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and what we cherish.