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Crises

Analysis of Legal Scholars

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Analysis of Legal Scholars

McCleskey v. Kemp talks about the data from the Supreme Court that was examined on the race of victim effect. Different scholars conducted the analysis. The lead scholar was referred to as Baldus. Baldus study included the petition that the capital sentencing in Georgia that was administered in the discrimination manner based on the racial backgrounds. Baldus study argued that capital punishment had a lot of discriminations whereby many judgments were based on the racial status of the individuals. The study also claimed the black people who killed the white people were likely to get subjected to capital punishment than whites who killed the black people. It meant the violation of the eighth and fourteenth amendments that stated for the justice and equality of all races before the court of law. The study also indicated more than 2000 murder sentences that had racial backgrounds.

Baldus study stated that a death sentence is not good at all, and if it is, has never followed the right criteria for the final judgment. Baldus claimed that it is not right for capital punishment to bring a sense of racism. Baldus contended that the court had violated the equal protection clause when they adopted the capital punishment statute and allowing it to remain working even after discrimination crises. The study also had its issues on the Georgia capital sentencing system that violated the eighth amendment prohibition. Baldus was keen on ensuring that there would be equality in the court of law as long as the discrimination on the bases of racism was concerned. The study remains to be relevant when it comes to capital sentencing. If it should be applied, it should include the professionals and ensure that there is no kind of description.

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