[ORDER SOLUTION] Disparate Treatment

Readings The American Death Penalty and the (In)Visibility of Race: https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=5870&context=uclrev Beginning with a survey of the centrality of race both to the history of capital punishment in America and to the litigants’ constitutional strategy, the authors document the Court’s strategies of avoidance. The article then considers possible explanations for the Court’s silence and note some unanticipated consequences of the Court’s race-neutral approach to its constitutional regulation of capital punishment. Struck by Lightning: The Continuing Arbitrariness of the Death Penalty Thirty-Five Years After Its Reinstatement in 1976 http://www.deathpenaltyinfo.org/documents/StruckByLightning.pdf This report shows that despite the changes to sentencing schemes approved by the U.S. Supreme Court on July 2, 1976, race, geography, money and other factors continue to make the implementation of the death penalty arbitrary. Executing White Masculinities: Learning from Karla Faye Tucker: http://digitalcommons.law.msu.edu/cgi/viewcontent.cgi?article=1015&context=facpubs This Article addresses the gender in punishing by death, the gender of those chosen for death, and the gender-bending execution of Karla Faye Tucker. Each answer must be a minimum of one page (300 words) in length. Support your answers with material from the readings and external research. Provide in-text citations for unoriginal material, as well as a separate works cited page. Answers are due Thursday by 11:59 pm. 1. Is the application of the death penalty in the United States race neutral? Why or why not? Support your answer with examples from the readings and/or outside scholarly research. 2. Struck by Lightning was released over seven years ago. Do you believe that the argument regarding the arbitrariness of the death penalty still holds true today? Why or why not? Support your answer with current statistics and death penalty facts. 3. Earlier in the term, we discussed the thesis that gendered violence is part of the masculine identity both in law breakers and law enforcement. How is this thesis applicable to the death penalty? Use the readings and any external research as support for your answer.

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