The Supreme Court and Evidence Of Discrimination: A Comparison Of Death Penalty and Employment Discrimination Cases

Abstract

This paper examines the U.S. Supreme Court's use of social science. The paper begins by tracing the historical use of social science evidence by the Court. The crux of the paper is a comparison of how the Court has used social science evidence in death penalty, death qualified jury cases and employment discrimination cases. The examination reveals that the Court does not consistently rely on or accept social science. Regarding death penalty cases, the Court has consistently elaborated why it should not accept social science evidence that demonstrated the lack of a deterrent value and the inconsistent nature in which the death penalty is sought and applied. This is compared to the relative ease at which the Court accepts social science evidence demonstrating employment discrimination. The paper concluded with a discussion as to why these inconsistencies exist.