FELONY MURDER RAPE AND THE MANDATORY DEATH PENALTY - A STUDY IN DISCRETIONARY JUSTICE

• NCJ Number: 35335
• Journal: Suffolk University Law Review Volume: 10 Issue: 3 Dated: (SPRING 1976) Pages: 493-520
• Author(s): H A BEDAU
• Date Published: 1976
• Length: 28 pages
• Corporate Author: Suffolk University
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

STUDY PROVIDING AN EXAMINATION OF MANDATORY CAPITAL SENTENCING FOR FELONY MURDER RAPE IN MIDDLESEX AND SUFFOLK COUNTIES (MA) FROM 1946 TO 1970.

Abstract

THE STUDY REPORTED ON IN THE ARTICLE IS PART OF A LARGER STUDY TO DETERMINE THE SIGNIFICANCE OF THE SHIFT FROM MANDATORY TO DISCRETIONARY CAPITAL SENTENCING. DATA FOR THE MASSACHUSETTS STUDY WERE OBTAINED FROM SPECIAL DOCKET AND SUPERIOR COURT RECORDS, DEPARTMENT OF CORRECTION FILES, THE BUREAU OF VITAL STATISTICS, AND THE NEWSPAPER FILES OF THE BOSTON GLOBE. OF THE SEVENTEEN CASES DURING THAT TIME PERIOD IN WHICH PROSECUTION FOR FELONY MURDER RAPE WITH ITS MANDATORY DEATH PENALTY WAS PLAUSIBLE, NO DEFENDANT WAS INDICTED ON THAT CHARGE. THE AUTHOR CONCLUDES THAT SWITCHING DISCRETIONARY POWERS FROM THE SENTENCING TO THE CHARGING PHASE OF THE TRIAL IN ACCORDANCE WITH THE SUPREME COURT'S RULING IN FURMAN V GEORGIA (1972) WITHOUT STANDARDS TO GUIDE THE PROSECUTOR IS UNCONSTITUTIONAL.