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McCleskey v. Kemp ft. Josie Duffy Rice
5-4
The Dred Scott Decision of the Death Penalty
The majority is just using the jury as a shield here to hide behind. The idea that you can prove that an entire system is racist and the court would simply ignore it is profoundly disgusting, but also this sort of deeply intellectually dishonestsort of position. It assumes that there always would be clear cut evidence that someone who was involved in your case was motivated by racism which completely misconstrues have racism manifests. I don't see how a jury selected from that society is a shield against discrimination at all.
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