United States v. Bass
Decision Date | 28 June 2002 |
Docket Number | No. 01-1471.,01-1471. |
Citation | 536 U.S. 862 |
Parties | UNITED STATES <I>v.</I> BASS |
Court | U.S. Supreme Court |
Claiming that the United States filed a notice of intent to seek the death penalty in respondent's capital murder case because of his race, respondent moved to dismiss the notice and, in the alternative, for discovery of information relating to the Government's capital charging practices. The District Court granted his discovery motion and dismissed the notice after the Government said that it would not comply with the discovery order. The Sixth Circuit affirmed.
Held: The Sixth Circuit's decision is contrary to United States v. Armstrong, 517 U. S. 456, 465, in which this Court held that a defendant seeking discovery on a selective prosecution claim must show some evidence of both discriminatory effect and discriminatory intent. As to evidence of discriminatory effect, a defendant must make a credible showing that similarly situated individuals of a different race were not prosecuted. Id., at 465, 470. The Sixth Circuit concluded that respondent had made such a showing based on nationwide statistics demonstrating that the Government charges blacks with a death-eligible offense more than twice as often as it charges whites and that it enters into plea bargains more frequently with whites than with blacks. Even assuming that a nationwide showing can satisfy the Armstrong requirement, raw statistics regarding overall charges say nothing about charges brought against similarly situated defendants. And the plea bargain statistics are even less relevant, since respondent declined the plea bargain offered him.
Certiorari granted; 266 F. 3d 532, reversed.
A federal grand jury sitting in the Eastern District of Michigan returned a second superseding indictment charging respondent with, inter alia, the intentional firearm killings of two individuals. The United States filed a notice of intent to seek the death penalty. Respondent, who is black, alleged that the Government had determined to seek the death penalty against him because of his race. He moved to dismiss the death penalty notice and, in the alternative, for discovery of information relating to the Government's capital charging practices. The District Court granted the motion for discovery, and after the Government informed the court that it would not comply with the discovery order, the court dismissed the death penalty notice. A divided panel of the United States Court of Appeals for the Sixth Circuit affirmed the District Court's discovery order. 266 F. 3d 532 (2001). We grant the petition for a writ of certiorari and now summarily reverse.
In United States v. Armstrong, 517 U. S. 456, 465 (1996), we held that a defendant who seeks discovery on a claim of selective prosecution must show some evidence of both discriminatory effect and discriminatory intent. We need go no further in the present case than consideration of the evidence supporting discriminatory effect. As to that, Armstrong says that the defendant must make a "credible showing" that "similarly situated individuals of a different race were not prosecuted." Id., at 465, 470. The Sixth Circuit concluded that respondent had made such a showing...
To continue reading
Request your trial-
Office of Foreign Assets Control v. Voices in Wilderness
... 329 F.Supp.2d 71 ... OFFICE OF FOREIGN ASSETS CONTROL, United States Department of the Treasury, Plaintiff, ... VOICES IN THE WILDERNESS, Defendant ... No ... See United States v. Bass ... ...
-
Runyon v. United States
... ... See United States v. Roane , 378 F.3d 382, 40001 (4th Cir. 2004) (holding that such statements were not even enough for an evidentiary hearing). Further, it is not enough for a petitioner to rely on raw statistics to prove selective prosecution. In United States v. Bass , 536 U.S. 862, 86364, 122 S.Ct. 2389, 153 L.Ed.2d 769 (2002) (per curiam), the Supreme Court held that discovery for a selective prosecution claim was not warranted based on nationwide statistics showing differences in the percentage of death-eligible charging decisions, based on race. The Court ... ...
-
U.S. v. Moussaoui
... Page 453 ... 382 F.3d 453 ... UNITED STATES of America, Plaintiff-Appellant, ... Zacarias MOUSSAOUI, a/k/a Shaqil, a/k/a Abu Khalid al ... Bass, 266 F.3d 532, 535-36 (6th Cir.2001) (same), rev'd on other grounds, 536 U.S. 862, 122 S.Ct ... ...
-
Belmontes v. Brown
... ... No. 01-99018 ... United States Court of Appeals, Ninth Circuit ... July 15, 2005 ... Page 1095 ... COPYRIGHT ... See United States v. Bass, 536 U.S. 862, 122 S.Ct. 2389, 2389, 153 L.Ed.2d 769 (2002) (approving of "a showing regarding the ... ...
-
Susan R. Klein & Ingrid B. Grobey, Debunking Claims of Over-federalization of Criminal Law
...prosecution with a very lenient rational basis test, making it essentially impossible for a defendant to win. See United States v. Bass, 536 U.S. 862, 862–63 (2002) (per curiam) (denying black defendant discovery regarding federal selection of death cases despite DOJ report and AG comments ......
-
Are collateral sanctions premised on conduct or conviction? The case of abortion doctors.
...PROCEDURE 670 (3d ed. 2000). (104.) See, e.g., Yick Wo v. Hopkins, 118 U.S. 356, 373-74 (1886). (105.) See, e.g., United States v. Bass, 536 U.S. 862, 863-64 (2002) (per curiam); United States v. Armstrong, 517 U.S. 456, 475-76 (106.) 424 U.S. 409 (1976). (107.) Id. at 427; cf. Kalina v. Fl......
-
United States v. Khan, 461 F.3d 477 (4th Cir. 2006): Discovering Whether Similarly Situated Individuals and the Selective Prosecution Defense Still Exist
...because he failed to show that the Government failed to prosecute other "similarly situated" individuals. See United States v. Bass, 536 U.S. 862 (2002). Still, the Court failed to define "similarly situated" in its analysis. 86. 97 F.3d 739 (4th Cir. 1996). 87. Id. at 744 (emphasis added).......
-
Deadly 'toxins': a National Empirical Study of Racial Bias and Future Dangerousness Determinations
...in the charging, sentencing, and imposition of the death penalty after the Furman decision").97. See, e.g., United States v. Bass, 536 U.S. 862, 864 (per curiam) (2002) (holding that a defendant was not entitled to discovery regarding the state's capital punishment practices because "raw st......