| McCleskey v. Kemp | |
|---|---|
 | |
| Argued October 15, 1986 Decided April 22, 1987 | |
| Full case name | Warren McCleskey v. Kemp, Superintendent, Georgia Diagnostic and Classification Center |
| Citations | 481 U.S. 279 (more) 107 S. Ct. 1756; 95 L. Ed. 2d 262; 1987 U.S. LEXIS 1817; 55 U.S.L.W. 4537 |
| Case history | |
| Prior | McCleskey v. Zant, 580 F. Supp. 338 (N.D. Ga. 1984); affirmed in part, reversed in part sub. nom., McCleskey v. Kemp, 753 F.2d 877 (11th Cir. 1985); cert. granted, 478 U.S. 1019 (1986). |
| Holding | |
| Despite the presentation of empirical evidence that asserted racial disparity in application of the death penalty, aggregate evidence is insufficient to invalidate an individual defendant's death sentence. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Powell, joined by Rehnquist, White, O'Connor, Scalia |
| Dissent | Brennan, joined by Marshall; Blackmun, Stevens (in part) |
| Dissent | Blackmun, joined by Marshall, Stevens; Brennan (in part) |
| Dissent | Stevens, joined by Blackmun |
| Laws applied | |
| U.S. Const. amend. XIV | |
McCleskey v. Kemp, 481 U.S. 279 (1987), is a United States Supreme Court case, in which the death sentence of Warren McCleskey for armed robbery and murder was upheld. The Court said the "racially disproportionate impact" in the Georgia death penalty indicated by a comprehensive scientific study was not enough to mitigate a death penalty determination without showing a "racially discriminatory purpose."[1] McCleskey has been described as the "most far-reaching post-Gregg challenge to capital sentencing."[2]
McCleskey has been named one of the worst Supreme Court decisions since World War II by a Los Angeles Times poll of liberal jurists.[3] In a New York Times comment eight days after the decision, Anthony Lewis charged that the Supreme Court had "effectively condoned the expression of racism in a profound aspect of our law."[4] Anthony G. Amsterdam called it "the Dred Scott decision of our time."[5]
Justice Lewis Powell, when asked by his biographer if he wanted to change his vote in any case, replied, "Yes, McCleskey v. Kemp."[5][6]
- ^ McCleskey v. Kemp, 481 U.S. 279, 298 (1987).
- ^ "McCleskey v. Kemp (1987)". New Georgia Encyclopedia (on-line ed.). 2004.
- ^ Savage, David G. (October 22, 2008). "Roe vs. Wade? Bush vs. Gore? What are the worst Supreme Court decisions?". Los Angeles Times. Archived from the original on October 23, 2008.
- ^ Lewis, Anthony (April 28, 1987). "Bowing To Racism". The New York Times.
- ^ a b Liptak, Adam (April 29, 2008). "New Look at Death Sentences and Race". The New York Times.
- ^ Liptak, Adam (August 3, 2020). "A Vast Racial Gap in Death Penalty Cases, New Study Finds". The New York Times. Retrieved August 31, 2020.
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