Buy custom Interpreting the McCleskey v. Kemp (1983) Decision
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McCleskey obviously met the first prong of the three-factor standard, proving that he was a member of a group that has been historically prejudiced against. Therefore, his equal protection rights under the 14th Amendment were clearly violated because of his connection to a racial group unfairly targeted...
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Kemp 318). McCleskey used the Baldus study to demonstrate the considerable likelihood that race was the deciding factor in his death sentence. The Court argued that the extent to which McCleskey has received differential treatment cannot be established by the use of race as the determining factor because the murder he committed during the robbery is a “crime for which this Court has determined that the death penalty constitutionally may be imposed†(McCleskey v...
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