Anthony G. Amsterdam believes that the decision in the case of Warren McCleskey amounts to an open license to discriminate against people of a different race and places it on grounds that implicat

Another telling case is the situation where racism and the community pressured a false conviction for a black man is Clarence Brandley. Brandley was released after ten years of false imprisonment on Texas' death row. Clarence was the black supervisor with three white janitors at Conroe High School, fifty miles north of Houston. He was arrested in late August 1980; four days after a white female student was found raped and murdered I the school's auditorium loft. School was to begin in a week. The School was flooded with telephone calls by panicked parents who refused to send their children to school until the murderer was caught. As a local police officer said shortly after the murder to a white janitor standing near Brandley, "He's the nigger so he's elected" (McCloskey, 1996: 6). His arrest calmed the community, and school started on schedule. The Texas Rangers spent 500 hours building up a case against Brandley. Clarence was finally exonerated and declared innocent by a retired state judge who was brought in from west Texas. Two of the janitors came forward and told how they had lied against Clarence at the original trial under pressure to do so by the Texas Ranger. After Clarence was finally released in 1990, he became a church minister in Houston. These cases show flagrant racism in serious cases that have plainly shown real discrimination against blacks.

e the entire criminal justice system. Warren McClesky was a black man sentenced to die for the murder of a white man in Georgia. He robbed a furniture store at gunpoint, and he or one of his accomplices killed an officer who arrived first on the scene. McCleskey may have been the shooter. Whether he was or not, he was still guilty of murder under Georgia law. His court case was not interested in his guilt, but why he was sentenced to death instead of life imprisonment (Amsterdam, 1988).

They used over 500 factors in each case. Information relating to the demographic and individual characteristics of the defendant and the victim, the circumstances of the crime and the strength of the evidence of guilt. The aggravating and mitigating features of each case: both the features specified by Georgia law to be considered in capital sentencing and every factor recognized in legal literature. The finding show that less than forty percent of Georgia homicide cases involve white victims, in eighty-eight percent of the cases in which a death sentence is imposed, the victim is white, White victim cases are almost eleven times more likely to produce a death sentence than are black-victim cases. When the race of the defendant is considered twenty-two of black defendants who kill white victims are sentenced to death, eight percent of white defendants who kill white victims are sentenced to death, and one percent of black defendants who kill black victims are sentenced to death. Three percent of white defendants who kill black victims are sentenced to death. Of the two thousand five hundred Georgia homicide cases found, only sixty-four involved killings of black victims by white defendants. It is shown that most black defendants kill black victims and almost no white murderers kill black victims. Virtually nobody is sentenced to death for killing a black victim. After controlling for legitimate nonracial factors, murderers of white victims are still being sentence to death four point three times more often than murderers of black victims. Approximately five percent of Georgia killings result in a death sentence. When more than 230 non-racial variables are controlled for, the death -sentence rate is six percentage points high

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