DISCRIMINATION IN THE IMPOSITION OF THE DEATH PENALTY - A COMPARISON OF THE CHARACTERISTICS OF OFFENDERS SENTENCED PRE-FURMAN AND POST-FURMAN

• NCJ Number: 35301
• Journal: Temple Law Quarterly Volume: 49 Issue: 2 Dated: (WINTER 1976) Pages: 261-287
• Author(s): M RIEDEL
• Date Published: 1976
• Length: 27 pages
• Corporate Author: Temple University
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

STUDY OF STATE LAWS GOVERNING THE IMPOSITION OF THE DEATH PENALTY ENACTED SINCE THE SUPREME COURT RULING IN FURMAN V GEORGIA (1972) TO LEARN THE EFFECTS OF MANDATORY AND GUIDED DISCRETION STANDARDS ON DISCRIMINATORY SENTENCING.

Abstract

RACIAL DIFFERENTIALS BETWEEN PRE-FURMAN AND POST-FURMAN OFFENDERS SENTENCED TO DEATH WERE EXAMINED AS WELL AS CHARACTERISTICS OF OFFENDERS SENTENCED UNDER MANDATORY AND GUIDED SELECTION STATUTES. A DETAILED CHI SQUARE ANALYSIS WAS COMPLETED COMPARING MANDATORY AND GUIDED DISCRETION STATUTES AND CHARACTERISTICS OF THE OFFENDER, VICTIM, CIRCUMSTANCES OF THE OFFENSE, AND TRIAL. FINDINGS INCLUDE THAT ALTHOUGH THE PROPORTION OF NONWHITE MURDER VICTIMS IS CONSISTENTLY HIGHER THAN FIFTY PERCENT, EIGHTY-SEVEN PERCENT OF THE VICTIMS OF DEATH ROW INMATES INCLUDED IN THE STUDY WERE WHITE, WITH THE PROPORTION OF WHITE VICTIMS BEING EIGHTY-ONE PERCENT IN MANDATORY STATES AND NINETY-TWO PERCENT IN GUIDED DISCRETION STATES. THE AUTHOR CONCLUDES THAT THERE IS NO EVIDENCE TO SUGGEST THAT POST-FURMAN STATUTES HAVE BEEN SUCCESSFUL IN REDUCING THE DISCRETION WHICH LEADS TO A DISPROPORTIONATE NUMBER OF NONWHITE OFFENDERS BEING SENTENCED TO DEATH.