2/20/08

2/20/08 - Blackmuns dissent Laws dont invoke strict...

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DOC 2 – 2/20/08 McClesky v. Kemp Stevens dissent Even if we constrain juries a great deal to avoid racism, there are still circumstances left where they would consider using the death penalty Getting rid of racism in death penalty doesn’t mean we should get rid of death penalty Brennan’s dissent Brennan and Marshall always think death penalty is wrong Deciding on the basis of race is arbitrary Violates 8 th amendment ban on cruel and unusual punishment Equivalent of baldus study could be done on countless different cases/variables
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Unformatted text preview: Blackmuns dissent Laws dont invoke strict scrutiny Uses previous civil rights precedent Bottom of pg 318 Prosecutors at the Georgia state level operated with an unchecked system and was susceptible to abuse Powell No evidence that it is racially neutral Simmons v. Roper Is execution of children ok? Rejection of juvenile death penalty in many states and is strong enough to argue for an emerging national consensus against it Also emerging consensus among world (international)...
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This note was uploaded on 04/09/2008 for the course DOC 2 taught by Professor Wimberley during the Spring '08 term at UCSD.

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2/20/08 - Blackmuns dissent Laws dont invoke strict...

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