NCJ Number
117213
Date Published
1987
Length
27 pages
Annotation
Arguing that the death penalty increases the potential for arbitrary and discriminatory treatment, this review examines factors unrelated to the crime which affected the imposition of the death penalty between 1973 and 1985.
Abstract
Statutes enacted after the Supreme Court's 1972 ruling have limited crimes for which the death penalty is allowed for murder with aggravating circumstances. The paper discusses how political pressures influence local prosecutors, studies documenting racial disparities in prosecutors' decisions on charging, and assesses plea bargaining in cases involving multiple defendants. Other influential factors examined are jury selection procedures, peremptory challenges, and trial judges' powers to overrule jury sentencing recommendations. A survey of research studies demonstrates the impact of a defendant's financial resources and the competence of trial counsel, as well as the difficulties of remedying errors on appeal. Regional disparities in death sentencing are described. The correlations between the death penalty and social class, sex, and race are explored briefly. Footnotes.