This week has seen the loss of two important figures in the fight against the death penalty. On Friday, Norman Redlich, the former dean of the New York University Law School and a pioneer in the use of pro bono defense for death row inmates, passed away from complications of Parkinson's disease; he was eighty five. Mr. Redlich was joined a few days later by seventy five year old David C. Baldus, a long time professor at the University of Iowa College of Law, and the main author of a series of influential studies regarding racial disparities in the application of the death penalty.
Mr. Redlich, a graduate of Williams College and Yale Law School, joined the faculty of NYU in 1960, and held the position of dean from 1974 to 1988. Mr. Redlich demonstrated heart-felt concern for the rights of indigent defendants from the beginning of his tenure at the law school, and began providing death row inmates at New York's Sing Sing Correctional Facility with free legal representation, ultimately saving five men from the electric chair in the period between 1960 and 1963.
Mr. Redlich continued his commitment to public interest lawyering as head of the Law School, hiring renowned a capital defense attorney Anthony Amsterdam as a professor, and tasking him with creating a clinical education program for NYU students which would provide them with the skills and resources necessary for public service. Because of Dean Redlich's support, the program, while unprecedented at the time, has since been modeled by law schools nation wide, and has helped establish NYU as one of the country's premier centers for the teaching of public interest law, a position it holds to this day.
In addition to his considerable contributions to the fight against the death penalty, Mr. Redlich was a member of the Warren Commission tasked with investigating the death of President John F. Kennedy. In this capacity, Mr. Redlich took the lead in creating the "single bullet theory" which helped to confirm the case against Lee Harvey Oswald as the President's sole assassin. Mr. Redlich also served as New York's corporation counsel and provided legal representation for a number of people blacklisted for refusing to testify in front of the House Un-American Activities Committee.
Professor David Baldus was a pioneer in the use of cutting edge social science research to help make the case against capital punishment. Educated at Darmouth College, the University of Pittsburgh, and Yale Law School, Professor Baldus taught at the University of Iowa Law School from 1969 until his passing.
In 1983, Professor Baldus and his colleagues, Charles Pulaski and George Woodworth, undertook a massive study of the role of race in capital punishment, and their work's impact would reach all the way to our nation's highest court. Using data from over 2000 Georgia murder cases, their research looked into what, if any difference, race makes when it comes to capital punishment. They subjected their data to rigorous analysis, controlling for 230 different non-race variables that could have also had an effect on sentencing, and came to the conclusion that defendants charged with killing white victims were more than four times more likely to receive a death sentence than if their victim had been black. They also found that black defendants were almost two times more likely to be sentenced to death than their white counterparts, and this disparity spiked even further when the victim also happened to be white.
This study ended up being at the heart of 1978 Supreme Court case McCleskey v. Kemp in which the Justices had to determine whether the consistent bias identified by Professor Baldus' work was sufficient to render Georgia's death penalty unconstitutional. In a controversial 5-4 decision, the Court rejected McCleskey's claim, and delivered an opinion that has been described as "the Dred Scott decision of our time."
In addition to his 1983 work, Professor Baldus was the author of two books on the death penalty, Statistical Proof of Discrimination and Equal Justice and the Death Penalty. He also served as Lieutenant in the Army Security Agency during the late 1950s.
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