NCJ Number
43434
Date Published
1977
Length
12 pages
Annotation
RESULTS OF A RESEARCH STUDY ON RAPE CONVICTIONS IN STATES WHERE RAPE HAS BEEN A CAPITAL CRIME SHOW THAT RACIAL DISCRIMINATION ACCOUNTS FOR THE DISPROPORTIONATE NUMBER OF DEATH SENTENCES IMPOSED UPON BLACKS.
Abstract
RESEARCH WAS BEGUN IN 1965 TO EXAMINE THE RELATIONSHIP BETWEEN RACE AND SENTENCING FOR RAPE IN 11 SOUTHERN AND BORDER STATES IN WHICH RAPE WAS A STATUTORY CAPITAL OFFENSE. A SAMPLE OF COUNTIES WAS CHOSEN REPRESENTING THE URBAN-RURAL AND BLACK-WHITE DEMOGRAPHIC DISTRIBUTION OF EACH STATE; EVERY CASE OF CONVICTION FOR RAPE BETWEEN 1945 AND 1965 WAS RECORDED. NONRACIAL VARIABLES INCLUDED OFFENDER CHARACTERISTICS, VICTIM CHARACTERISTICS, NATURE OF RELATIONS BETWEEN VICTIM AND OFFENDER, CIRCUMSTANCES OF OFFENSE, AND CIRCUMSTANCES OF THE TRIAL. FINDINGS ARE PRESENTED IN TABULAR FORM. IF A NONRACIAL VARIABLE WAS SHOWN TO HAVE A SIGNIFICANT RELATIONSHIP WITH TYPE OF SENTENCE, IT WAS THEN CROSS-TABULATED WITH RACE OF THE DEFENDANT, AND A CHI-SQUARE TEST WAS PERFORMED TO DETERMINE STATISTICAL SIGNIFICANCE. OVER TWO DOZEN POSSIBLY AGGRAVATING NONRACIAL VARIABLES THAT MIGHT HAVE ACCOUNTED FOR THE HIGHER PROPORTION OF BLACKS THAN WHITE SENTENCED TO DEATH WERE ANALYZED: NONE OF THE NONRACIAL FACTORS WITHSTOOD THE TEST OF STATISTICAL SIGNIFICANCE. THE ONLY STATISTICALLY MEANINGFUL VARIABLE THAT REMAINED WAS RACE. THE SIGNIFICANT RACIAL DIFFERENTIALS FOUND IN THE IMPOSITION OF THE DEATH PENALTY ARE THUS SHOWN TO BE PRODUCED BY RACIAL DISCRIMINATION. THE AUTHORS ADVOCATE THAT THE SUPREME COURT DECLARE THE DEATH PENALTY UNCONSTITUTIONAL IN ORDER TO ELIMINATE THE FINAL CONSEQUENCE OF RACIAL DISCRIMINATION IN THE PROCESSING OF DEFENDANTS AND URGE FURTHER RESEARCH INTO DISCRIMINATION AT ALL STAGES IN THE ADMINISTRATION OF JUSTICE.