PRICED
McCleskey v. Kemp
481 U.S. 279 (1987) · 1987
The Court was shown a personhood pricing system. It called the data insufficient.
“McCleskey's claim, taken to its logical conclusion, throws into serious question the principles that underlie our entire criminal justice system.”
The Ruling
5–4: Statistical evidence of racial disparities in capital sentencing is insufficient for an Equal Protection claim. Each defendant must prove intentional discrimination in their specific case.
The Personhood Argument Not Made
The Baldus study revealed not a flawed system but an accurate one — a measurable personhood hierarchy pricing Black lives at roughly one-quarter the value of white lives. This is not evidence of bias. It is evidence of precise operation. The state built and operates a formal personhood valuation system. The Court chose not to name it.
The Execution Gap Created
Black defendants and Black victims formally possess equal personhood. The capital punishment system operates a shadow hierarchy pricing their lives differently. Justice Powell later called his McCleskey vote the one he most regretted.
Primary sources & research
Related cases
Part of The Personhood Prism, the companion to The Execution Gap by Thomas William Hornig. See all personhood cases →