Law

FACTS
The case involves the imposition of death penalty over a respondent, who is black, for the intentional firearm killings of two individuals.  The United States sought to have the death penalty imposed.  Respondent, Bass, argued that the government only sought to have the death penalty imposed on him because of his race.  He then moved to have the death penalty notice dismissed on the ground of selective prosecution.  Requesting for the discovery of information relating to the Governments capital charging practices, respondent claims that nationwide statistics demonstrated that the United States charges blacks with death eligible offenses more than twice as often as it charges whites.  The motion for discovery was granted but the United States refused to comply with said discovery order.

HELD
The Supreme Court, in deciding to reverse the ruling of the Sixth Circuit, cited the case of United States v. Armstrong, 517 U. S. 456, 465, where it held that for there to be a proper claim of selective prosecution to justify the removal of the death penalty notice and to justify the discovery there has to be evidence of discriminatory effect and discriminatory intent.  There must be credible showing that similarly situated individuals of a different race were not prosecuted.  The Supreme Court ruled that the Sixth Circuit assumed that this was the case as the nationwide statistics demonstrated.  However, the Supreme Court noted that even if the requirements under Armstrong were met, there has to be a clear showing that charges have been brought up against similarly situated defendants.  There being none, the Supreme Court reverses the decision of the Sixth Circuit.