Race and the Death Penalty: The Tension Between Individualized Justice and Racially Neutral Standards

This article discusses the tension between individualized justice and equality in death penalty cases, and how the defendant\u27s race influences these decisions. Racially neutral standards ensure some notion of equality and fair treatment, but at the expense of losing individualization. This pressure is similar to the tension manifested in the current firestorm surrounding affirmative action. Part I of this article analyzes the various opinions in Furman v. Georgia. Part II investigates the various types of discretion and their meaning. Part III discusses Gregg v. Georgia and the standards set forth in its companion cases. Part IV examines the evisceration of these standards. Part V scrutinizes the McCleskey v. Kemp decision

Desegregation as a Two-Way Street: The Aftermath of United States v. Fordice

As a result of the problems encountered by these various proposals, I propose a plan of my own that preserves HBUs to the extent that they are desegregated along with the white institutions rather than just eliminated. In this way, the burdens of integration are shared in both communities by both sets of institutions. More specifically, with respect to higher education in Mississippi, I propose the following solution to address the current situation: first, Mississippi should close or merge some of the HWUs but not the HBUs for the reasons previously articulated and then adopt a two tier system of classification. Second, course offerings and admission standards will be tied to the classification. Finally, the HBUs and HWUs should adopt affirmative action programs for the minority (i.e., for blacks at HWUs and for whites at HBUs) students, faculty, and administrators. My proposal has as its goal to encourage integration while recognizing the important function served by the HBUs

Race and the Death Penalty: The Tension Between Individualized Justice and Racially Neutral Standards

This article discusses the tension between individualized justice and equality in death penalty cases, and how the defendant\u27s race influences these decisions. Racially neutral standards ensure some notion of equality and fair treatment, but at the expense of losing individualization. This pressure is similar to the tension manifested in the current firestorm surrounding affirmative action. Part I of this article analyzes the various opinions in Furman v. Georgia. Part II investigates the various types of discretion and their meaning. Part III discusses Gregg v. Georgia and the standards set forth in its companion cases. Part IV examines the evisceration of these standards. Part V scrutinizes the McCleskey v. Kemp decision

Desegregation as a Two-Way Street: The Aftermath of United States v. Fordice

As a result of the problems encountered by these various proposals, I propose a plan of my own that preserves HBUs to the extent that they are desegregated along with the white institutions rather than just eliminated. In this way, the burdens of integration are shared in both communities by both sets of institutions. More specifically, with respect to higher education in Mississippi, I propose the following solution to address the current situation: first, Mississippi should close or merge some of the HWUs but not the HBUs for the reasons previously articulated and then adopt a two tier system of classification. Second, course offerings and admission standards will be tied to the classification. Finally, the HBUs and HWUs should adopt affirmative action programs for the minority (i.e., for blacks at HWUs and for whites at HBUs) students, faculty, and administrators. My proposal has as its goal to encourage integration while recognizing the important function served by the HBUs