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Criminal Procedure Keyed to Miller
Warren McCleskey v. Ralph Kemp
Citation:481 U.S. 279 (1987)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
McCleskey (defendant), a Black man, was found guilty of murdering a white man. The trial court sentenced McCleskey to death. On appeal, McCleskey argued that Georgia’s capital punishment statute violated the Fourteenth Amendment and Eighth Amendment. To support his claim, McCleskey relied on the “Baldus study,” which revealed a disparity in the imposition of the death sentence in Georgia based on the race of the murder victim and defendant. The statistics showed that Black defendants who killed white victims were most likely to be sentenced to death.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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