NCJ Number
152521
Journal
Journal of Social Issues Volume: 50 Issue: 2 Dated: special issue (Summer 1994) Pages: 125-147
Date Published
1994
Length
23 pages
Annotation
Transcribed sentencing phase summations by attorneys in 20 capital trials were content analyzed, and comparisons were made between prosecution and defense arguments; arguments were then coded to determine themes emphasized by attorneys in arguing for life imprisonment or the death penalty.
Abstract
Seven broad argument categories were uncovered: attorney feelings, defendant and his life, murder, victim, juror obligations, sentence, and morality and justice. Prosecutors portrayed the defendant as a cold and remorseless killer and emphasized the brutal nature of the murder, victim suffering, and the moral legitimacy of revenge. Defenders explained murder in the context of the defendant's personal history, emphasized the severity of life imprisonment without the possibility of parole, and argued that the death penalty was unjust and morally wrong. Defenders provided richer accounts of the defendant's life history, while prosecutors presented more vivid accounts of the murder. Attorney arguments are discussed in light of research on communication, social cognition, and persuasion. 38 references and 2 tables