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Facial discrimination is simply that the law is discriminatory on its face as it makes explicit distinctions between classes of persons. Discriminatory application occurs where the law is neutral on its face but is applied in a different manner to different classes of persons.
If a person can show that government officials applying the law have a discriminatory purpose, the law will be invalidated. Discriminatory motive occurs when the law is neutral on its face and in its application but will have a disproportionate impact on a particular class of persons. Although statistical studies alone are not enough to prove discriminatory motive, when combined with other evidence it can suffice. McCleskey v. Kemp, 481 U.S. 279 (1987).
In the case at hand,...
As to discriminatory motive, the Supreme Court is correct in holding that statistical evidence alone is not enough to show discriminatory motive. However, if the Defendant provided other, non-statistical evidence to supplement this statistical evidence, then the Supreme Court's ruling is incorrect.
Further, the Supreme Court erred in failing to rule on the case as a discriminatory application case. Here, the capital punishment law itself is neutral on its face. However, its application clearly has a discriminatory effect. The application of a law to a particular class of individuals can be shown by statistical evidence. The Supreme Court's decision that statistical evidence plays no role in proving application of a law is unreasonable and ungrounded as there is no other method to show unequal application.
If a person can show that government officials applying the law have a discriminatory purpose, the law will be invalidated. Discriminatory motive occurs when the law is neutral on its face and in its application but will have a disproportionate impact on a particular class of persons. Although statistical studies alone are not enough to prove discriminatory motive, when combined with other evidence it can suffice. McCleskey v. Kemp, 481 U.S. 279 (1987).
In the case at hand, the argument should focus on both discriminatory application and discriminatory motive. As to discriminatory motive, the Supreme Court is correct in holding that statistical evidence alone is not enough to show discriminatory motive. However, if the Defendant provided other, non-statistical evidence to supplement this statistical evidence, then the Supreme Court's ruling is incorrect.
Further, the Supreme Court erred in failing to rule on the case as a discriminatory application case. Here, the capital punishment law itself is neutral on its face. However, its application clearly has a discriminatory effect. The application of a law to a particular class of individuals can be shown by statistical evidence. The Supreme Court's decision that statistical evidence plays no role in proving application of a law is unreasonable and ungrounded as there is no other method to show unequal application.
This can impact an ethnic group's thoughts of themselves, and individuals' self-confidence. If the death penalty is racist, therefore, action must be taken immediately. Because those who hold this view suggest that jury selection and preliminary court actions are racist, the court should institute checks on the court system in order to prevent this issue. Independent advocates for defendants should advice each of their rights in conjunction with their
United States Jury System In United States courts, the jury is a system by which, in theory, defendants are given a trial that is fair and unbiased. The ideal is that twelve persons from the same peer group as the defendant will be able to deliberate without prejudice the position of the defense, and the outcome of the trial. In reality however it is often the case that jury members
Rational for Selecting Juries Page 3 Generalizations about juries Page 4 General comments: jury service Page 4 General comments: summoning juries Page 5 General comments: Simpson jury Page 6 Jurors errors and DNA analysis Role of Juries Close Scrutiny of Juries and Jury Selection Role of Juries There is rarely any debate when it comes to the pivotal role of juries in the United States' system of justice. It is the "foundation of the American justice system" and
Statistics show that black murderers are far more likely than white murderers to get the death penalty, especially if the victim was white. Blacks make up 12% of the population but 40% of the population on death row, as noted. Georgia can serve as a case in point. Statistics show that a black man accused of killing a white person in Georgia is substantially more likely to receive the
" This article puts forward the notion that when analyzing the "...relationships between minority groups and mainstream populations," the issue of whether the use of "formal control is applied fairly and consistently between these different groups" is a pivotal place to begin (Ruddell, et al., 2004). It is pivotal because "injustice" not only can have "a corrosive effect" on the perception of the fairness (or unfairness) of the criminal justice system;
The purpose of these impeachment techniques is to verify to the best of one's purpose that the jury members are objective and competent as well as reliable enough to officiate in the trial. Limitations placed are that a party may only impeach his own witness if the witness were an adverse party (i.e. called to stand; if the witness was hostile; if law as witness required the witness; and if the