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DP - Discrimination

DP - Discrimination. DISTORTING WITH STATISTICS I’LL USE REAL DATA FROM THE BALDUS AND GROSS & MAURO STUDIES OF GEORGIA DEATH SENTENCES. (Studies used in McCleskey v. Kemp 1984 ). DP - Discrimination. CRITICS OF THE DP: “BLACKS MAKE UP ABOUT 20% OF THE

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DP - Discrimination

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  1. DP - Discrimination DISTORTING WITH STATISTICS I’LL USE REAL DATA FROM THE BALDUS AND GROSS & MAURO STUDIES OF GEORGIA DEATH SENTENCES. (Studies used in McCleskey v. Kemp 1984)

  2. DP - Discrimination CRITICS OF THE DP: “BLACKS MAKE UP ABOUT 20% OF THE POPULATION OF GEORGIA, BUT MORE THAN 50% OF DEATH SENTENCES” IS THIS EVIDENCE OF DISCRIM??

  3. DP - Discrimination NO -- DOESN’T TAKE INTO ACCOUNT HIGHER HOMICIDE RATES AMONG AFRICAN AMERICANS IN GEORGIA

  4. DP - Discrimination PROPONENTS OF THE DP: “BLACKS COMMIT ABOUT 70% OF HOMS IN GEORGIA BUT GET ONLY ABOUT 50% OF DEATH SENTENCES” DISCRIM AGAINST WHITE DEFENDANTS??

  5. DP - Discrimination NO -- DOESN’T TAKE INTO ACCOUNT WHO HOMICIDE VICTIMS ARE

  6. DP - Discrimination DISPARITIES x COMBINATION HOMSSENT B/W % 8 39 W/W% 29 44 B/B% 60 14 W/B % 3 3

  7. DP - Discrimination HOMSSENT B/W % 8 39 (Black defendant, white victim cases are about 8% of all homicides in Georgia but are almost 40% of death sentences)

  8. DP - Discrimination CLEAR EVIDENCE OF DISCRIM??? STILL - NO!!! COULD BE DIFFS IN HOMICIDES -- ONE MORE PIECE TO FILL IN -- CASE CHARACTERISTICS

  9. DP - Discrimination ARE B/W CASES MORE AGGRAVATED?? ARE B/B CASES LESS AGGRAVATED?? This could explain differences in sentences! This has been the focus of much research -- and the answer is NO - differences in cases don’t explain the disparities.

  10. DP - Discrimination HOMS SENT B/W % 8 39 W/W% 29 44 B/B% 60 14 W/B % 3 3 These are basic patterns of discrimination!!

  11. DP - Discrimination Most “debates” about DP discrimination involve misunderstandings on both sides about how discrimination works and what you have to know in order to reach any conclusions about whether discrimination is still present in applications of the DP.

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