Constitutional Law Keyed to Chemerinsky
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McCleskey v. Kemp
ProfessorScott Caron
CaseCast™ – "What you need to know"
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McCleskey v. Kemp
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Facts
Petitioner was involved in an armed robbery of a store where an off-duty police officer was shot in the face and killed. The jury found Petitioner guilty beyond a reasonable doubt and that there were aggravating circumstances warranting the death penalty. Petitioner offered the Baldus study as evidence that sentencing was more often based on the race of the defendant and to a lesser degree upon the race of the victim.
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