Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

"Race, Death and Disproportionality"

By Douglas A. Berman

The title of this post is the title of this new piece I noticed on SSRN from Scott Howe.  Here is the abstract: Statistical studies showing unconscious racial bias in capital selection matter under the eighth amendment.  In McCleskey v. Kemp, the Court appeared to shun such evidence as irrelevant to eighth amendment challenges to capital punishment.  Yet, this kind of evidence has influenced many of the Justices? views on the constitutionality of the death penalty and has sometimes caused the Court to restrict the use of that sanction under the eighth amendment.  My goal, therefore, is to explain why statistical studies concerning race bias in capital selection have limitations as proof but also strong suggestive power that some death sentences amount to 'cruel and unusual punishments...continue to full post

Full post as published by Sentencing Law and Policy on September 02, 2009 (boomark / email).