j. Whether Arizona's Scheme Discriminates.

JurisdictionArizona

i. Generally.

(1) Arizona’s scheme has not been applied in a discriminatory fashion. West, 176 Ariz. at 455.
(2) Imposition of the death penalty need not reflect the composition of the general population. Richmond, 136 Ariz. at 321; accord White, 168 Ariz. at 513.

ii. Specific Claims.

(1) Race.
(a) The scheme is not unconstitutional as discriminating against blacks. Richmond, 136 Ariz. at 321-22.
(b) In Carriger, the Court rejected on the ground of lack of proof the claim that the scheme discriminates by making it more likely that those who kill Caucasians will receive the death penalty than those who kill non-Caucasians. 143 Ariz. at 159-60.

...

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