Samuel Alito

“ They are simply contributing factors. They are not causal factors. One cannot control one's gender or one's color. And obviously there are many, many Hispanics, many whites, many Orientals who don’t commit crimes. But the frequence [sic] among those who commit crimes, these are the characteristics. They don't cause each other; they just happen to be coincidental to each other." Record, Doc. 511601677,
page 5, slip opinion Buck's case did defense counsel elicit the race-related testimony on direct examination. ”

“ Q. So when we’re talking about these statistical factors—that more men re-offend than women, Hispanics offend more than blacks or whites, people from the low socioeconomic groups offend more than people from the higher socioeconomic groups, people who have opiate addiction or alcohol abuse offend more often than those who don't, people who have less education offend more often than those who have—do all those things cause people to offend? ”

“ Id., at 111; see also id., at 110 (identifying the "statistical factors we know to predict future dangerousness") . With respect to race, he elaborated further that " [i] t's a sad commentary that minorities, Hispanics and black people, are over represented in the Criminal Justice System." Id., at 111. Not only did the defense present this testimony to the jury but Dr. ”

“ Action No. 99–0350 (SD Tex., Sept. 29, 2000) , while the defense called Dr. Quijano, the objectionable testimony was not elicited until the prosecution questioned Dr. Quijano on cross-examination. See Record, Doc. 511601677, at 44–49; id., Doc. 511601676, at 39–44. And, on redirect, defense counsel mentioned race only to mitigate the effect on the jury of Dr. Quijano's prior identification of race as an immutable factor increasing a defendant’s likelihood of future dangerousness. [*] Only in ”