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Texas Wesleyan Law Review

Document Type

Article

Abstract

This article discusses the tension between individualized justice and equality in death penalty cases, and how the defendant's 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.

DOI

10.37419/TWLR.V2.I1.2

First Page

45

Last Page

95

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