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Zone1 Bu-But Laws Were Made....

IM2

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Date Filed: 04/27/1987

What Was the McCleskey v. Kemp Case?​

McCleskey v. Kemp was a historic case in Georgia that showed how racial discrimination perpetuates unfair sentences for black defendants. Few cases involving the intersection of race, criminal law, and procedure have had the reach and impact of McCleskey v. Kemp. The Supreme Court’s decision in McCleskey protected criminal justice laws and policies from being challenged on the basis of racially disparate impact.

Ultimately, the McCleskey decision set the stage for more than 20 years of dramatically increasing racial disparities within the criminal justice system. McCleskey now acts as a substantial barrier to the elimination of racial inequalities in the criminal justice system, perpetuating an unfair racial imbalance that has come to define criminal justice in America.



This was a Supreme Court decision in 1987 saying that racial bias in sentencing, even if proven by credible statistical evidence, could not be challenged under the 14th Amendment unless there was clear evidence of conscious discriminatory intent. What this decision did was close the door on claims of racial bias at every level of the criminal justice system. The only way the court would recognize racial bias is if you actually caught an officer, prosecutor, judge or jury overtly stating racist views about a legal situation. So from stops to sentencing police and court officers could practice racism but unless you actually heard them say so, they could claim plausible deniability.

When people start talking about how the laws are the same for everyone, well...That's just not so.
 

BackAgain

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The laws are the same for everyone. It’s obviously so.
 

Donald H

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The increase in racism in America is the telling evidence that fascism is on the rise.

One of those causes can't be advanced without the other.
 

nawpar

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Different behaviors produce different outcomes. For example: When someone looks at judge differently, that is going to produce a different outcome.

Just because it's against the law to steal, and blacks are more likely to steal, that doesn't make a law against stealing biased against blacks.
 

BlackSand

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View attachment 732430

Date Filed: 04/27/1987

What Was the McCleskey v. Kemp Case?​

McCleskey v. Kemp was a historic case in Georgia that showed how racial discrimination perpetuates unfair sentences for black defendants. Few cases involving the intersection of race, criminal law, and procedure have had the reach and impact of McCleskey v. Kemp. The Supreme Court’s decision in McCleskey protected criminal justice laws and policies from being challenged on the basis of racially disparate impact.

Ultimately, the McCleskey decision set the stage for more than 20 years of dramatically increasing racial disparities within the criminal justice system. McCleskey now acts as a substantial barrier to the elimination of racial inequalities in the criminal justice system, perpetuating an unfair racial imbalance that has come to define criminal justice in America.



This was a Supreme Court decision in 1987 saying that racial bias in sentencing, even if proven by credible statistical evidence, could not be challenged under the 14th Amendment unless there was clear evidence of conscious discriminatory intent. What this decision did was close the door on claims of racial bias at every level of the criminal justice system. The only way the court would recognize racial bias is if you actually caught an officer, prosecutor, judge or jury overtly stating racist views about a legal situation. So from stops to sentencing police and court officers could practice racism but unless you actually heard them say so, they could claim plausible deniability.

When people start talking about how the laws are the same for everyone, well...That's just not so.
.

The decision in McCleskey v Kemp did not address what you are attempting to suggest it does.
You are just attempting to present the same failed argument that was presented in the Court.

It's really simple ...
The Supreme Court will adjudicate a redress regarding a Law, when the Law is the source of Racial Discrimination ...
Not discriminatory practices by the People who enforce, adjudicate or execute the Law, and do it improperly by inserting their own Racial Discrimination.

In other words ... If you want to charge someone with Racial Discrimination because they are guilty of it ... You can.
You just cannot pretend it is the Law's fault ... When nothing in the Law is at fault.

Armed Robbery and Murder are against the Law ...
If a Judge sentences a White man to 20 years and a Black man to Execution ... That could be Racial Discrimination.

But ... That is on the Judge and the Judge's Racial Discrimination ... And doesn't have anything to do with what is written in the Law.
The Supreme Court was asked to review the Law in regard to Racial Discrimination ... Not prosecute the Judge for Racial Discrimination.

.
 
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BackAgain

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The increase in racism in America is the telling evidence that fascism is on the rise.

One of those causes can't be advanced without the other.
Assumes any increase in racism. But if you wish to assume your conclusion, then there’s no point in you pretending to give a shit about logic. You silly little Canuck Duck.
 
OP
IM2

IM2

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Different behaviors produce different outcomes. For example: When someone looks at judge differently, that is going to produce a different outcome.

Just because it's against the law to steal, and blacks are more likely to steal, that doesn't make a law against stealing biased against blacks.
BS.
 
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IM2

IM2

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.

The decision in McCleskey v Kemp did not address what you are attempting to suggest it does.
You are just attempting to present the same failed argument that was presented in the Court.

It's really simple ...
The Supreme Court will adjudicate a redress regarding a Law, when the Law is the source of Racial Discrimination ...
Not discriminatory practices by the People who enforce, adjudicate or execute the Law, and do it improperly by inserting their own Racial Discrimination.

In other words ... If you want to charge someone with Racial Discrimination because they are guilty of it ... You can.
You just cannot pretend it is the Law's fault ... When nothing in the Law is at fault.

Armed Robbery and Murder are against the Law ...
If a Judge sentences a White man to 20 years and a Black man to Execution ... That could be Racial Discrimination.

But ... That is on the Judge and the Judge's Racial Discrimination ... And doesn't have anything to do with what is written in the Law.
The Supreme Court was asked to review the Law in regard to Racial Discrimination ... Not prosecute the Judge for Racial Discrimination.

.
It did exactly as I said.
 

BlackSand

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It did exactly as I said.
.

The problem with the failing attempts the opposition presented in Court, and you support, is that it tries to take one case,
then adds a condition that would include any other case involving a minority in the US, and attempts to indict the entire Judicial System
of a possible crime that is the product of people/person and not a product of the Law.

It is a "throw the baby out with the bathwater" attempt to try and use the Supreme Court Bench to address and handle the matter ...
Instead of the proper Authority in Congress to address or handle Racial Discrimination and Prison Population Disparities,
with Justice Reform and the appropriate Legislation.

.
 

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