United States v. Bass
536 U.S. 862 (2002) (2002)
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Rule of Law:
To obtain discovery on a selective prosecution claim, a defendant must make a credible showing that similarly situated individuals of a different race were not prosecuted; nationwide statistics showing general racial disparities in charging are insufficient to meet this standard.
Facts:
- A federal grand jury indicted the respondent, a black man, for the intentional firearm killings of two individuals.
- The United States government filed a notice of its intent to seek the death penalty against the respondent.
- The respondent alleged that the government's decision to seek the death penalty was based on his race.
- In support of his claim, the respondent presented nationwide statistics from a Department of Justice report showing that the U.S. charges black defendants with death-eligible offenses more than twice as often as it charges white defendants.
- The same statistics also indicated that the U.S. enters into plea bargains more frequently with white defendants than with black defendants.
- The government had offered the respondent a plea bargain, which he declined.
Procedural Posture:
- The respondent was indicted in the U.S. District Court for the Eastern District of Michigan, a federal trial court.
- The respondent moved for discovery of the government's capital charging practices, alleging the decision to seek the death penalty was racially motivated.
- The District Court granted the respondent's motion for discovery.
- When the government stated it would not comply with the discovery order, the District Court dismissed the death penalty notice.
- The United States (appellant) appealed to the U.S. Court of Appeals for the Sixth Circuit.
- A divided panel of the Sixth Circuit affirmed the District Court’s discovery order.
- The United States (petitioner) petitioned the U.S. Supreme Court for a writ of certiorari.
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Issue:
Do nationwide statistics showing racial disparities in death penalty charging decisions satisfy the 'credible showing' requirement under United States v. Armstrong that similarly situated individuals of a different race were not prosecuted, thereby entitling a defendant to discovery on a selective prosecution claim?
Opinions:
Majority - Per Curiam
No. Nationwide statistics showing racial disparities in capital charging are insufficient to constitute the 'credible showing' that similarly situated individuals of a different race were not prosecuted, which is required under United States v. Armstrong to obtain discovery on a selective prosecution claim. The court's reasoning is grounded in the precedent set by Armstrong, which requires a defendant to show both discriminatory effect and discriminatory intent. To establish discriminatory effect, a defendant must provide evidence that 'similarly situated individuals of a different race were not prosecuted.' The court found the respondent's evidence, consisting of raw nationwide statistics, failed this test because such data says 'nothing about charges brought against similarly situated defendants.' Furthermore, the statistics on plea bargains were deemed 'even less relevant' because the respondent himself had been offered and had declined a plea deal. Because the respondent did not submit relevant evidence of differential treatment of similarly situated individuals, he was not entitled to discovery.
Analysis:
This decision significantly reinforces the high barrier established in United States v. Armstrong for defendants seeking discovery in selective prosecution cases. By rejecting nationwide statistical evidence of racial disparity as insufficient, the Court makes it exceedingly difficult for defendants to obtain the very information they would need to prove their claim. This ruling insulates prosecutorial discretion from judicial inquiry, protecting what the court calls a 'core executive constitutional function' unless a defendant can produce specific, comparative evidence of discrimination at the outset, a task that is often practically impossible without the discovery being sought.
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