NCJ Number
57207
Date Published
Unknown
Length
257 pages
Annotation
MANDATORY DEATH PENALTY STATUTES AND THE SUPREME COURT DECISION IN FURMAN V GEORGIA ARE DISCUSSED IN THIS STUDY. FEAR OF AUTOMATIC IMPOSITION OF THE DEATH SENTENCE, ESPECIALLY ON MINORITIES, IS UNSUPPORTED.
Abstract
THE PROJECT INVESTIGATED THE EFFECTS OF MANDATORY DEATH PENALTIES, AND ESPECIALLY ITS EFFECTS ON NONWHITES. ISSUES RAISED IN FURMAN V GEORGIA AND SUBSEQUENT LEGISLATION WERE USED TO DEMONSTRATE THE POSSIBLE EFFECT OF THE MANDATORY DEATH SENTENCE ON THE CRIMINAL JUSTICE PROCESS. IT WAS ASSUMED THAT SUCH AN IMPOSITION WOULD SUBJECT NONWHITES, ESPECIALLY BLACKS, TO ARBITRARY AND DISCRIMINATORY DECISIONS MORE FREQUENTLY THAN WHITES. THREE TARGET AREAS WERE SELECTED FOR REVIEW: NEW YORK STATE, MASSACHUSETTS,AND THE DISTRICT OF COLUMBIA. NO DIFFERING TREATMENT BY RACE WAS OBSERVED IN EITHER NEW YORK STATE OR MASSACHUSETTS; HOWEVER WHITES INDICTED FOR FIRST DEGREE MURDER MORE FREQUENTLY PLEADED GUILTY TO LESSER CHARGES THAN BLACKS AS ANTICIPATED BY THE STUDY. THE FACT THAT SEVEN BLACK DEFENDANTS WERE SENTENCED TO DEATH UNDER MANDATORY DEATH STATUTES IN THE DISTRICT OF COLUMBIA SUGGESTS THAT THE STATUTES DO HAVE AN EFFECT ON PROSECUTORIAL DISCRETION; HOWEVER, IT IS NOTEWORTHY THAT ONLY ONE-THIRD OF THE DISTRICT OF COLUMBIA DEFENDANTS CONVICTED OF FIRST DEGREE MURDER WERE SENTENCED TO DEATH, AND NO DIFFERING PATTERNS OF DIFFERENTIAL TREATMENT ATTRIBUTABLE TO RACE WAS OBSERVED IN EITHER NEW YORK STATE OR MASSACHUSETTS. THE RESULTS SUGGEST THAT ALTHOUGH MANDATORY STATUTES HAVE SOME PREDICTED EFFECTS, THEY ARE NOT NEARLY AS TRAUMATIC AS WAS INITIALY SUPPOSED. MANDATORY STATUTES HAVE NOT RESULTED IN THE AUTOMATIC IMPOSITION OF THE DEATH PENALTY AND THE NEGATIVE EFFECTS ON DIFFERING RACES HAS NOT BEEN OBSERVED IN EVERY JURISDICTION. CHARTS AND APPENDIXES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--TWM)