Problem
The defendant's attorney is arguing that because of the death penalty's disproportionate impact on African Americans, the Supreme Court should rule the death penalty unconstitutional. The state's attorney however, argues that because this disproportionate impact on the African-American community reflects differences in offending and not discrimination, the law should stand.
Four justices agree with the defendant's attorney. Four justices agree with the state's attorney. You are the deciding vote. Do you choose to make the death penalty unconstitutional?
i. No, you choose not to make the death penalty unconstitutional. The disparity between African Americans and white Americans is a result of legal factors and therefor, not discriminatory.
ii. Yes, you choose to make the death penalty unconstitutional. The disparity between African Americans and white Americans is too great, and you believe that there is racial discrimination involved.