Finkenbiner
1
MCCLESKEY
V.
KEMP
Emma
Finkenbiner
Block
7
Mr.
Moore
20
April
2015
Finkenbiner
2
McCleskey
v.
Kemp was a
Supreme
Court case in
1897.
This case dealt with Warren
McCleskey,
who was convicted of two counts of armed robbery and one count of murder in the Superior
Court
of
Fulton
County,
Georgia.
McCleskey was African
American
and his victim was a white police officer names
Frank
Schlatt.
After
his sentencing, Warren stated that his punishment was tainted by racial discrimination and therefor violated the Fourteenth
Amendment.
He also claimed his sentencing violated the
Eight
Amendment.
He
appealed to the federal courts via a habeas petition.
Warren
based his claims off of the “Baldus
Study”
which found that there was a slight
chance …show more content…
Solely based on race,
McCleskey had a greater chance of receiving the death penalty than his white counterparts. The Supreme Court claimed that McCleskey's death sentence was not
"wantonly and freakishly" imposed, and thus that the sentence was not disproportionate within any recognized meaning under the Eighth Amendment6.
The Supreme Court’s avoidance of dealing with racially biased sentencing caused great unrest in the media and with the United State’s population. James Acker, an acclaimed death penalty expert, stated, "The time has surely come for a sober reassessment of this ruling" and "we must question if justice truly has been served when racial prejudices influence capital case decisions."7 The case of George Zimmerman and
Trayvon Martin has been compared to McCleskey v. Kemp because of the role that racial
6
"McCleskey v. Kemp," McCleskey v. Kemp, Accessed April 15, 2015, http://law2.umkc.edu/faculty/projects/ftrials/conlaw/mccleskey.html. 7 "RACE: Commentary on the Anniversary of McCleskey v. Kemp," RACE:
Commentary on the Anniversary of McCleskey v. Kemp, Accessed April 15, 2015, http://www.deathpenaltyinfo.org/race-commentary-anniversary-mccleskey-v-kemp. Finkenbiner
6
profiling played. …show more content…
Kemp was one of the worst Supreme
Court
Decisions since World
War
II in a
Los
Angeles
Times
survey8.
Racial
discrimination is still alive and well in
America.
Rulings like McCleskey
v.
Kemp not only fail to help fix the problem, they give an attitude of acceptance to racially biased ruling.
McCleskey
died in Georgia’s electric chair in 19919.
Although
McCleskey should have been punished for his actions, he should have faced the same punishment as his peers. His race should not have been a factor. The
Supreme
Court’s job is to create
“Equal
Justice
Under
Law” but by failing to promote equality, they have failed to uphold justice.
8 "McCleskey v. Kemp," McCleskey v. Kemp. Accessed April 15, 2015, http://law2.umkc.edu/faculty/projects/ftrials/conlaw/mccleskey.html. 9
"RACE: Commentary on the Anniversary of McCleskey v. Kemp." RACE:
Commentary on the Anniversary of McCleskey v. Kemp. Accessed April 15, 2015, http://www.deathpenaltyinfo.org/race-commentary-anniversary-mccleskey-v-kemp. Finkenbiner
1
MCCLESKEY
V.
KEMP
Emma
Finkenbiner
Block
7
Mr.
Moore
20
April
2015
Finkenbiner
2
McCleskey
v.
Kemp was a
Supreme
Court case in
1897.
This case dealt with Warren
McCleskey,
who was convicted of two counts of armed robbery and one count of murder in the Superior
Court
of
Fulton
County,
Georgia.
McCleskey was African
American
and his victim was a white police officer names
Frank
Schlatt.
After
his sentencing, Warren stated that his punishment was tainted by racial discrimination and therefor violated the Fourteenth
Amendment.
He also claimed his sentencing violated the
Eight
Amendment.
He
appealed to the federal courts via a habeas petition.
Warren
based his claims off of the “Baldus
Study”
which found that there was a slight
chance …show more content…
Solely based on race,
McCleskey had a greater chance of receiving the death penalty than his white counterparts. The Supreme Court claimed that McCleskey's death sentence was not
"wantonly and freakishly" imposed, and thus that the sentence was not disproportionate within any recognized meaning under the Eighth Amendment6.
The Supreme Court’s avoidance of dealing with racially biased sentencing caused great unrest in the media and with the United State’s population. James Acker, an acclaimed death penalty expert, stated, "The time has surely come for a sober reassessment of this ruling" and "we must question if justice truly has been served when racial prejudices influence capital case decisions."7 The case of George Zimmerman and
Trayvon Martin has been compared to McCleskey v. Kemp because of the role that racial
6
"McCleskey v. Kemp," McCleskey v. Kemp, Accessed April 15, 2015, http://law2.umkc.edu/faculty/projects/ftrials/conlaw/mccleskey.html. 7 "RACE: Commentary on the Anniversary of McCleskey v. Kemp," RACE:
Commentary on the Anniversary of McCleskey v. Kemp, Accessed April 15, 2015, http://www.deathpenaltyinfo.org/race-commentary-anniversary-mccleskey-v-kemp. Finkenbiner
6
profiling played. …show more content…
Kemp was one of the worst Supreme
Court
Decisions since World
War
II in a
Los
Angeles
Times
survey8.
Racial
discrimination is still alive and well in
America.
Rulings like McCleskey
v.
Kemp not only fail to help fix the problem, they give an attitude of acceptance to racially biased ruling.
McCleskey
died in Georgia’s electric chair in 19919.
Although
McCleskey should have been punished for his actions, he should have faced the same punishment as his peers. His race should not have been a factor. The
Supreme
Court’s job is to create
“Equal
Justice
Under
Law” but by failing to promote equality, they have failed to uphold justice.
8 "McCleskey v. Kemp," McCleskey v. Kemp. Accessed April 15, 2015, http://law2.umkc.edu/faculty/projects/ftrials/conlaw/mccleskey.html. 9
"RACE: Commentary on the Anniversary of McCleskey v. Kemp." RACE:
Commentary on the Anniversary of McCleskey v. Kemp. Accessed April 15, 2015, http://www.deathpenaltyinfo.org/race-commentary-anniversary-mccleskey-v-kemp. Finkenbiner