NCJ Number
171084
Journal
American Journal of Criminal Justice Volume: 20 Issue: 1 Dated: (Fall 1995) Pages: 17-36
Date Published
1995
Length
20 pages
Annotation
The effect of the victim's race on the probability that an accused murderer is charged with a capital crime and sentenced to capital punishment in Kentucky was studied using data from the 956 persons charged and indicted, convicted, and sentenced for murder or a lesser offense in the State between December 22, 1976 and December 31, 1991.
Abstract
The earlier date was the effective date for the most recent Kentucky law on capital punishment. The analysis used a technique designed to provide explicit modeling between the stages of the capital sentencing process. Results revealed that black persons accused of killing white persons had a higher than average probability of being charged with a capital crime by the prosecutor and sentenced by the jury to death than did other homicide offenders. This finding remained after taking into account the effects of differences in the heinousness of the murder, prior criminal record, the victim-offender relationship, and the probability that the accused would not stand trial for a capital offense. Findings indicated that Kentucky's guided-discretion system of capital sentencing has failed to eliminate race as a factor in this process. Tables, notes, list of cases cited, and 43 references (Author abstract modified)