STATE JUDICIAL SYSTEMS AND CRIMINAL JUSTICE. Methods of Selecting State Judges. Partisan election Nonpartisan election (used in NC) Legislative election (used only in SC and VA) Gubernatorial appointment Appointment plus retention election
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McCleskey v. Kemp (1987): US Supreme Court ruled that a black inmate could not use statistical evidence of disparities in sentencing to contest his death sentence; he had to prove discriminatory intent in his own case (In GA at that time, black killer of white victim was 16 times more likely to receive the death penalty than vice vera)
Allowed inmates sentenced to death to present statistical evidence of disparity in sentencing based on the race of the murder or the victim; one person’s death sentence was changed to life without parole under this act
Largely repealed in 2011: the race of the victim is no longer legally relevant and the defendant must prove discriminatory purpose in the specific case