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"Every person on that list is more likely than the average person to be dangerous," he said, adding that individual predictions of future dangerousness were unreliable and misleading.
But predictions of future dangerousness are difficult.
Only Oregon joins Texas in having death sentences turn solely on predictions of future dangerousness.
"Padilla poses a heightened risk of future dangerousness due to his Al Qaeda training," the court said.
Because a finding of future dangerousness is a prerequisite for a death sentence in Texas, the prosecutor then argued in closing that the jury should rely on that race-based expert testimony to find that Mr. Buck would pose a future danger.
Just last week, the Supreme Court granted a stay of execution for Duane Buck, an African-American, hours before he was to die in Texas because a psychologist testified during his sentencing that Mr. Buck's race increased the chances of future dangerousness.
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Texas and Oregon are the only states that allow testimony on future dangerousness as a factor in imposing the death penalty.
One, Dr. Walter Quijano, testified in at least seven cases in Texas that being black or Hispanic correlated positively to future dangerousness.
This practice has come under severe criticism from the American Psychiatric Association, which has said that "[t]he large body of evidence in this area indicates that, even in the best of conditions, psychiatric predictions of long-term future dangerousness are wrong in at least two out of every three cases".
"The unreliability of psychiatric predictions of long-term future dangerousness is by now established fact within the profession," the association told the court.
Welner outrageously cited as signs of Khadr's future dangerousness that he has "memorized the Quran and studies it energetically," and that he leads other detainees in prayers.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com