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5-4

McCleskey v. Kemp ft. Josie Duffy Rice

5-4

Prologue Projects

News Commentary, News, Government

4.63.2K Ratings

🗓️ 23 February 2021

⏱️ 49 minutes

🧾️ Download transcript

Summary

The hosts are joined by Josie Duffy Rice of The Appeal to discuss another death penalty case — McCleskey v. Kemp. In this 1987 decision, the Supreme Court held that statistical evidence of systemic racial disparities is not enough to prove discrimination. Instead, defendants have to show that individual prosecutors, judges or juries pursued them with racist intent. As a result, states were basically let off the hook for perpetuating systemic racism in death penalty cases.


Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.




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Transcript

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0:00.0

We'll hear arguments first this morning in number 84, 68, 11, Warren McClecky versus Ralph

0:07.7

Kemp.

0:11.2

Hey everyone, this is Leon from Fiasco and Prologue Projects.

0:17.7

On this week's episode of 5-4, Peter, Rianne and Michael are joined by journalists,

0:22.3

Josie Duffy Rice from the appeal, to talk about another death penalty case, McClecky

0:27.3

versus the Kemp.

0:30.3

In this 1987 decision, the Supreme Court held that statistical evidence of systemic racial

0:43.3

disparities is not enough to prove discrimination.

0:47.3

Instead, defendants have to show that individual prosecutors, judges or juries pursued them

0:52.6

with racist intent.

0:54.6

The journalists of capital punishment say that racial prejudice still has a lot to do

0:58.4

with who gets executed in Georgia.

1:01.3

This is 5-4, a podcast about how much the Supreme Court sucks.

1:09.1

Welcome to 5-4, where we dissect and analyze the Supreme Court cases that have bulldozed

1:14.4

our civil rights, like the Cargill Corporation is bulldozed the Amazon rainforest.

1:19.0

I'm Peter, I'm here with Rianne and Michael and our special guest, Josie Duffy Rice.

1:32.3

Josie, welcome.

1:33.8

Hi, hi.

1:34.8

Hi.

1:35.8

I'm so excited to be here.

1:37.5

We're thrilled.

1:38.5

It's a big moment for you for sure.

...

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