A defendant who alleges an equal protection violation must prove purposeful discrimination. A criminal defendant must prove that the purposeful discrimination has a discriminatory effect on him.
Is the Georgia death penalty statute racially discriminative?
Evidence in the form of a complex statistical study indicating that a state's capital punishment statute is administered in such a way that black murderers and murders who murder white people are more likely to receive a death penalty were not sufficient to show the type of discriminatory effect required of defendant. The court observed that policies against jury racial bias, jury trials generally, and trial procedures were sufficient to safeguard defendants' rights.