Description: H.Amdt. 834 — 101st Congress (1989-1990)All Information (Except Text)

Amendment permitted the establishment of an inference that race was the basis of a death sentence through the submission of relevant statistical evidence indicating race was a significant factor in imposing the death sentence in that jurisdiction.


An amendment to make several changes to the racial discrimination provisions relating to the imposition of the death penalty. The amendment requires the court to examine the validity of statistics and whether they provide a basis for finding a significant discriminatory pattern. The amendment also reduces the case made out through statistics from a prima facie case to an inference and lessens the burden of proof necessary for the government to rebut the inference of racial discrimination, from "clear and convincing evidence" to "preponderance of the evidence" and further, removes limits in the bill relating to the grounds on which the government can rebut the statistical showing.

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