Which of the following statements regarding the case, McClesky v. Kemp (1987), is TRUE?



The Court upheld the constitutionality of the death penalty.

The Court ruled that the death penalty did not violate the Fourteenth Amendment simply because minority defendants were more likely to receive the death penalty than white defendants.

The Court ruled that without evidence that juries intended to discriminate on the basis of race, the unequal distribution of the death penalty did not violate equal protection of the law.

All of the above.

None of the above.

http://en.wikipedia.org/wiki/McCleskey_v._Kemp

All of the above

The correct answer is: The Court ruled that without evidence that juries intended to discriminate on the basis of race, the unequal distribution of the death penalty did not violate equal protection of the law.

To determine the answer, we need to understand the case of McClesky v. Kemp (1987) and the various statements provided.

The case of McClesky v. Kemp involved a convicted murderer, Warren McClesky, who sought to have his death sentence overturned on the grounds of racial discrimination in the application of the death penalty.

Option 1, "The Court upheld the constitutionality of the death penalty," is not the correct answer because the case did not directly challenge the constitutionality of the death penalty itself. Instead, it addressed the issue of racial discrimination in its application.

Option 2, "The Court ruled that the death penalty did not violate the Fourteenth Amendment simply because minority defendants were more likely to receive the death penalty than white defendants," is not the correct answer either. In fact, the Court did acknowledge that statistical evidence showed a racial disparity in the administration of the death penalty.

Option 3, "The Court ruled that without evidence that juries intended to discriminate on the basis of race, the unequal distribution of the death penalty did not violate equal protection of the law," is the correct answer. In its decision, the Supreme Court held that although racial disparities existed in the application of the death penalty, to challenge those disparities, McClesky needed to demonstrate not only statistical evidence but also proof of discriminatory intent on the part of the jurors.

Therefore, the correct answer is option 3: "The Court ruled that without evidence that juries intended to discriminate on the basis of race, the unequal distribution of the death penalty did not violate equal protection of the law."