Washington and Lee Law Review Volume 51 | Issue 2 Article 3 Spring 3-1-1994 Reflections on the "Inevitability" of Racial Discrimination in Capital Sentencing and the "Impossibility" of Its Prevention, Detection, and Correction David C. Baldus George Woodworth Charles A. Pulaski, Jr. Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Civil Rights and Discrimination Commons, and the Criminal Law Commons Recommended Citation David C. Baldus; George Woodworth; and Charles A. Pulaski, Jr., Reflections on the "Inevitability" of Racial Discrimination in Capital Sentencing and the "Impossibility" of Its Prevention, Detection, and Correction, 51 Wash. & Lee L. Rev. 359 (1994), https://scholarlycommons.law.wlu.edu/wlulr/ vol51/iss2/3 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact
[email protected]. Reflections on the "Inevitability" of Racial Discrimination in Capital Sentencing and the "Impossibility" of Its Prevention, Detection, and Correction David C. Baldus* George Woodworth** Charles A. Pulaski, Jr.*** Recent rhetoric in the Supreme Court and Congress has given currency and legitimacy to claims that racial discriminationin the administrationof the death penalty is inevitable and impossible to prevent, detect, and correct. This Article considers the plausibility of these claims, which can be viewed more profitably as testablehypotheses. We arguethat the inevitability hypothesis isprobablyoverstated and that the impossibility hypothesis is almost certainly wrong.