Harry Blackmun in Wikipedia.org political website

On Crime: Statistical racial sentencing disparities unconstitutional

On appeal, McCleskey alleged that the state's capital sentencing process was racially discriminatory, in violation of the 14th Amendment. Statistical analysis in the "Baldus study" indicated individuals convicted of murdering whites were 4.3 times more likely to receive the death penalty than those with black victims.

The Supreme Court dismissed evidence of general disparities in sentencing, such as the Baldus study, as "an inevitable part of our criminal justice system." (Majority opinion by Powell; joined by Rehnquist, White, O'Connor, Scalia). The dissent found that even if capital punishment were constitutional, this could hardly be so where it was demonstrably biased against members of a particular race. (Dissent opinion by Brennan, joined by Marshall. Blackmun, Stevens)

On Crime: Black defendants have Constitutional right to blacks on jury

The Supreme Court ruled in a 7-2 decision in Batson's favor. The court ruled that the defendant first must show that he is a member of a recognizable racial group, and that the prosecutor has removed from the jury pool members of the defendant's race, [and that Batson met those criteria]. (Majority opinion written by Powell, joined by Brennan, White, Marshall, Blackmun, Stevens, O'Connor.)

The dissenting opinion concluded that the majority misapplied equal protection doctrine. (Dissent by Rehnquist, joined by Burger)