NCJ Number
171088
Journal
American Journal of Criminal Justice Volume: 20 Issue: 1 Dated: (Fall 1995) Pages: 105-111
Date Published
1995
Length
7 pages
Annotation
Data on the capital sentencing process in Kentucky formed the basis of an analysis of the effect of the State's truth-in-sentencing (TIS) law on murder cases; findings indicated that a sentence of life without parole can serve as an alternative to capital punishment and that this alternative avoids racial discrimination.
Abstract
The TIS law provided for a bifurcated trial. The study resulted from a reanalysis of an original study on the impact of race on capital sentencing in Kentucky. The reanalysis compared murder cases in which TIS was used to cases in which it was not, excluding cases. The results revealed that aggravating circumstances were not a factor in the decision to use TIS. The only factor present in a majority of the TIS cases was a history of violent offenses. Juries using TIS did not appear to discriminate by race of the offender, race of the victim, or whether the case involved a black person killing a white person. The analysis then considered how TIS cases compared to cases in which the prosecution sought the death penalty. Results revealed that capital cases were more severe than the murder cases punished under TIS. The TIS cases were more likely to involve black offenders and twice as likely to involve black victims. The pattern of discrimination that previous research on capital sentencing uncovered did not apply to the use of TIS in murder cases. Overall, findings suggested that TIS or a sentencing option of life imprisonment without possibility of parole can be applied in a nondiscriminatory manner. However, this conclusion is tentative for two reasons. Tables, notes, 3 case citations, and 4 references (Author abstract modified)