Abstract

Criminal Procedure
Cole, David | October 9, 2000 issue

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"This is a case about federalism." No sentence better captures the U.S. Supreme Court's approach to criminal justice than this one, written by Justice Sandra Day O'Connor as the opening line of a 1991 decision. requires heavy blinders. The Court has not only willingly adopted them but has insisted that other courts wear them as well. In 1987, in McCleskey v. Kemp, the Court deemed a study by Professor David Baldus--the most sophisticated statistical showing of racial discrimination in the administration of the death penalty ever undertaken--to be insufficient to raise any equal protection concerns.

See Also:

CRIMINAL procedure; UNITED States. Supreme Court; O'CONNOR, Sandra Day, 1930-; MCCLESKEY v. Kemp (Supreme Court case); CRIMINAL law; UNITED States
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