NCJ Number
61528
Date Published
1979
Length
20 pages
Annotation
THE POSSIBILITY OF RACIAL DISCRIMINATION IN THE IMPOSITION OF THE DEATH PENALTY IN FLORIDA WAS INVESTIGATED USING SUBJECTS INDICTED FOR MURDER BETWEEN 1972 AND 1978.
Abstract
SUBJECTS INCLUDED EVERY PERSON INDICTED FOR MURDER ONE IN 21 OF 67 FLORIDA COUNTIES--386 WHITES, 421 BLACKS, AND 22 CASES WITH MISSING DATA ON RACE. FOR THE TOTAL 829 CASES, THERE WERE 251 BLACK VICTIMS, 502 WHITE VICTIMS, AND 76 CASES WITH MISSING DATA ON RACE. LAW STUDENTS GATHERED INFORMATION FROM COURT RECORDS ON DEMOGRAPHIC CHARACTERISTICS OF OFFENDERS AND VICTIMS, OFFENSES, AND TRIALS AND THEIR OUTCOMES. RESULTS SHOWED THAT THE DEATH PENALTY WAS MOST LIKELY TO BE IMPOSED ON AN OFFENDER WHO MURDERED A WHITE VICTIM. FEMALES WERE LESS LIKELY TO BE CONVICTED OF MURDER AND LESS LIKELY TO RECEIVE THE DEATH PENALTY THAN MALES. BLACK MALES WERE MORE LIKELY TO BE ADJUDICATED GUILTY, MORE LIKELY TO BE CONVICTED OF MURDER ONE, AND MORE LIKELY TO RECEIVE THE DEATH PENALTY IF THE VICTIM WAS WHITE. IT WAS DETERMINED THAT BLACKS DO NOT RECEIVE THE DEATH PENALTY BECAUSE OF RACE; RATHER, OVERT DISCRIMINATION HAS BEEN REPLACED BY DISCRIMINATION BASED ON RACE OF THE VICTIM. AGGRAVATING AND MITIGATING CIRCUMSTANCES RELATED TO THE OFFENSE OF MURDER ONE, AS COMMITTED BY BLACKS AND WHITES, ARE DISCUSSED. SUPPORTING DATA AND REFERENCES ARE INCLUDED. (DEP)