NCJ Number
111122
Journal
University of California Davis Law Review Volume: 18 Issue: 4 Dated: (Summer 1985) Pages: 1375-1407
Date Published
1985
Length
33 pages
Annotation
A comparison and evaluation is presented of the methodology and findings of two studies of death sentencing patterns in Georgia under its post-Furman sentencing system.
Abstract
Although the study by Barnett (1985) used a more intuitive method for case classification, and the study by Baldus et al employed a computerized method of determining case culpability, the substantive results of the two studies are comparable. Both conclude that over half of death sentence cases do not appear to be excessive or disproportionate in a comparative sense. Each also concludes that a good proportion of the remaining cases in the data set may be disproportionate or excessive in a comparative sense. Perhaps more significantly, both show a comparable race-of-victim effect (which disadvantages defendants whose victims were white) among the midrange of cases where the facts do not clearly dictate either a life or death sentence. Finally, neither study shows a statewide race-of-defendant effect. However, when urban and rural cases are analyzed separately, the Baldus study shows an effect in rural areas that puts black defendants with white victims at a slight disadvantage, while in urban areas the effect disadvantages white defendants. 3 tables, 3 figures, and 51 footnotes. (Author abstract modified)