Race and the Death Penalty: The Legacy of McCleskey v. Kemp

In what has been called the Dred Scott decision of our times, the US Supreme Court found in McCleskey v. Kemp that evidence of overwhelming racial disparities in the capital punishment process could not be admitted in individual capital cases—in effect institutionalizing a racially unequal system of criminal justice. Exploring the enduring legacy of this radical decision nearly three decades later, the authors of Race and the Death Penalty examine the persistence of racial discrimination in the practice of capital punishment, the dynamics that drive it, and the human consequences of both.