AGGRAVATING CIRCUMSTANCES AND CAPITAL PUNISHMENT LAW: RHETORIC OR REAL REFORMS?

• NCJ Number: 145659
• Journal: Criminal Law Bulletin Volume: 29 Issue: 6 Dated: (November-December 1993) Pages: 467-501
• Author(s): J R Acker; C S Lanier
• Date Published: 1993
• Length: 35 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Format: Article
• Publication Type: Survey
• Language: English
• Country: United States of America
• Note: This article is the first in a series. The next article will analyze the specific forms of aggravating factors that have been adopted in modern capital punishment legislation.

Annotation

A journal article focuses on the functions of statutory aggravating circumstances in death penalty statutes.

Abstract

Statutory aggravating factors in capital punishment statutes have been relied upon to narrow the class of capital offenses, to promote the implicit legislative objectives of capital punishment, and to reduce arbitrarines and inconsistent sentencing at capital trials. Research, however, suggests that these factors have not succeeded in eliminating many abuses of discretion in death penalty cases. The author urges further research and analysis to confirm whether these factors are operating as intended. Absent empirical evidence that death penalty statutes are operating as intended, proof of multiple statutory aggravating circumstances should be required to fix the threshold of death penalty eligibility. To promote sentencing consistency, consideration of nonstatutory aggravating circumstances such as victim impact evidence should not be permitted. 160 footnotes