LAW 4051 Chapter 14: Coker and Tison
Document Summary
90% of those sentenced to death for the crime of rape were black, and yet the sc chose to review the case of a white defendant. Eberhart and hooks on writ of certiorari at the same time as coker, both black, neither chosen for review. Mccleskey had already demonstrated racial disparity in history; if the sc had chosen black defendants to review, the result would have been better for future defendants. Ricky and raymond did nothing to help the family: ricky, raymond, and randy receive the dp; sc of arizona affirms holding that while they didn"t intend to kill the family, they conspired with the known killers. The court held that the son"s anticipation that lethal force might be used in their endeavor satisfied the intent requirement for the death penalty. Holding: no: anticipating lethal force is not enough to satisfy the intent to kill requirement, proportionality: many people who intend and do kill aren"t the most culpable and dangerous.
