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Imprisoned by the PastWarren McCleskey and the American Death Penalty$
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Jeffrey L. Kirchmeier

Print publication date: 2015

Print ISBN-13: 9780199967933

Published to Oxford Scholarship Online: January 2015

DOI: 10.1093/acprof:oso/9780199967933.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 October 2021

Race and the Courts

Race and the Courts

Chapter:
Chapter 11 Race and the Courts
Source:
Imprisoned by the Past
Author(s):

Jeffrey L. Kirchmeier

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199967933.003.0012

This chapter recounts the way racial discrimination affected criminal laws in early American history. The practice of lynching featured many similarities to discriminatory laws and practices in the American legal system. Although legislators eventually stopped writing blatantly racist laws, the history of racist laws and lynching connects to the modern American death penalty. The connection to lynching continues in modern times in the treatment of African-American defendants. One Supreme Court justice who recognized this connection between lynching and the modern death penalty was Thurgood Marshall.

Keywords:   criminal law, racist laws, race and crime, discriminatory laws, lynching, African Americans, Thurgood Marshall, death penalty, Supreme Court

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