McCleskey v. Kemp

Facts

In support of his claim, McCleskey proffered a statistical study performed by Professors David C. Baldus, Charles Pulaski, and George Woodworth, and the Baldus study that purports to show a disparity in the imposition of the death sentence in Georgia based on the race of the murder victim and the race of the defendant. The study indicates that defendants charged with killing white persons received the death penalty in 11% of the cases, but defendants charged with killing blacks received the death penalty in only 1% of the cases. The study also shows that the death penalty was assessed in 22% of the cases involving black defendants and white victims; 8% of the cases involving white defendants and white victims. Similarly, Baldus found that prosecutors sought the death penalty in 70% of the cases involving black defendants and white victims; 32% of the cases involving white defendants and white victims. The study indicates that black defendants, such as McCleskey, who kill white victims have the greatest likelihood of receiving the death penalty.