RACE, JUDICIAL DISCRETION, AND THE DEATH PENALTY

• NCJ Number: 10770
• Journal: Annals of the American Academy of Political and Social Science Volume: 407 Dated: (MAY 1973) Pages: 119-133
• Author(s): M E WOLFGANG; M RIEDEL
• Date Published: 1973
• Length: 15 pages
• Corporate Author: American Academy of Political and Social Science
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

RACIAL DISCRIMINATION IN THE IMPOSITION OF THE DEATH PENALTY FOR RAPE.

Abstract

SOME OF THE MAJOR ISSUES IN THE FURMAN V. GEORGIA CASE AND OTHER RELATED DECISIONS ARE PRESENTED. IN THESE CASES 'THE CONCURRING OPINIONS CONCLUDED THAT THE EXERCISE OF JURY DISCRETION IN IMPOSING THE DEATH PENALTY WAS CRUEL AND UNUSUAL PUNISHMENT BECAUSE OF ITS INFREQUENCY, ITS ARBITRARINESS, OR THE OPPORTUNITIES IT AFFORDED FOR DISCRIMINATION'. AFTER REVIEWING EARLIER STUDIES OF RACIAL DIFFERENTIALS IN SENTENCING, THE AUTHORS DISCUSS A STUDY OF SENTENCING FOR RAPE IN STATES WHERE THAT OFFENSE HAS BEEN A CAPITAL CRIME. THE AUTHORS CONCLUDE THAT 'THE SIGNIFICANT RACIAL DIFFERENTIALS FOUND IN THE IMPOSITION OF THE DEATH PENALTY ARE INDEED PRODUCED BY RACIAL DISCRIMINATION'.