Pub. date: 2009 | Online Pub. Date: June 02, 2009 | DOI: 10.4135/9781412971928 | Print ISBN: 9781412950855 | Online ISBN: 9781412971928| Publisher:SAGE Publications, Inc.About this encyclopedia
McCleskey v. Kemp
Kenethia L. Mclntosh
McCleskey v. Kemp was the last serious challenge to the death penalty in the United States based on race. Numerous criminal justice issues are addressed by this case: equal protection, the application of the death penalty, jury discretion, the use of academic research in court, and racial discrimination. After reviewing the facts of the case, this entry examines all of the critical issues presented during McCleskey's appeal to the U.S. Supreme Court. On October 12, 1978, Warren McCleskey and three other Black men robbed a furniture store. All four men were armed when they entered the store. The employees were gathered and tied, while store patrons were forced to lie face down on the floor. During the course of the robbery, a White police officer entered the store, called by a silent alarm triggered from within the store. The officer was shot twice and died from the wound. McCleskey left ...