The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, October 15, 1986
Decision: Wednesday, April 22, 1987
Issues: Criminal Procedure, Cruel and Unusual Punishment, Death Penalty
Categories: capital punishment, criminal, cruel and unusual punishment, eighth amendment, race discrimination
Tags: Rehnquist: Rights of the Accused, Rehnquist on iTunes U

Advocates

John Charles Boger (Argued the cause for the petitioner)
Mary Beth Westmoreland (Argued the cause for the respondent)

Facts of the Case

McCleskey, a black man, was convicted of murdering a police officer in Georgia and sentenced to death. In a writ of habeas corpus, McCleskey argued that a statistical study proved that the imposition of the death penalty in Georgia depended to some extent on the race of the victim and the accused. The study found that black defendants who kill white victims are the most likely to receive death sentences in the state.

Question

Did the statistical study prove that McCleskey's sentence violated the Eighth and Fourteenth Amendments?

Conclusion

The Court held that since McCleskey could not prove that purposeful discrimination which had a discriminatory effect on him existed in this particular trial, there was no constitutional violation. Justice Powell refused to apply the statistical study in this case given the unique circumstances and nature of decisions that face all juries in capital cases. He argued that the data McCleskey produced is best presented to legislative bodies and not to the courts.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for Kemp, 4 vote(s) against
Legal Provision: Equal Protection
Voted with the majority
Rehnquist
Wrote a dissent, joined Blackmun's dissent
Brennan
Voted with the majority
White
Voted with the minority, joined Brennan's dissent, joined Blackmun's dissent
Marshall
Wrote a dissent, joined Brennan's dissent, joined Stevens' dissent
Blackmun
Wrote the majority opinion
Powell
Wrote a dissent, joined Brennan's dissent, joined Blackmun's dissent
Stevens
Voted with the majority
O'Connor
Voted with the majority
Scalia
Full Opinion by Justice Lewis F. Powell, Jr.

Cite this page

The Oyez Project, McCleskey v. Kemp, 481 U.S. 279 (1987),
available at: <http://www.oyez.org/cases/1980-1989/1986/1986_84_6811/>
(last visited ).