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After a discussion of nine of the most prevalent shortcomings in previous research, this article critically examines the contemporary presentencing literature to ascertain the extent to which a discrimination thesis (DT) receives empirical support.
Those allegations resulted in the Supreme Court's 1987 decision in Mc Cleskey v.
Kemp that statistical evidence of bias in the criminal justice system is insufficient to overturn an individual's sentence.
A controversy within criminology involves the extent to which race affects criminal processing.
Investigators on different sides of the issue have relied predominantly on studies of sentencing, leaving largely unexplored the less visible area of presentencing.
residents has heightened at 10.2 in 1980 and dropped in 1984 to 7.9.
Since 1999 the rate of homicide victims have retained a steady range.
Specifically, his and his colleagues' study found that only 15 out of 246 murder cases (6%) where the victim was black resulted in a death sentence, as compared with 85 out of 348 (24%) of such cases when the victim was white.
This study led to Warren Mc Cleskey's death sentence being challenged due to allegations that it was racially biased.
According to the FBI’s Supplementary Homicide Reports, between the early 1960s and the late 1970s, the rate of homicides doubled. S residents, the homicide victim rate elevated from 4.6 to 9.7. In 1992, homicide victim rate decreased drastically again from 9.3 to 4.8 in 2010.