SOCIO-ECONOMIC ATTRIBUTES AFFECTING THE IMPOSITION OF THE DEATH PENALTY

• NCJ Number: 61530
• Author(s): J H FORTENBERRY
• Date Published: 1979
• Length: 24 pages
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: PAPER PRESENTED AT SYMPOSIUM ENTITLED 'EXTRA-LEGAL ATTRIBUTES AFFECTING DEATH PENALTY SENTENCING, NEW YORK CITY, SEPTEMBER 1979

Annotation

DIFFERENTIAL SENTENCES GIVEN TO OFFENDERS ACCUSED OF MURDER WERE EXAMINED IN RELATION TO THE SOCIOECONOMIC STATUS OF BOTH OFFENDERS AND VICTIMS WITH REFERENCE TO FLORIDA'S DEATH PENALTY LEGISLATION.

Abstract

SUBJECTS INCLUDED EVERY PERSON INDICTED FOR MURDER ONE IN 21 OF 67 FLORIDA COUNTIES BETWEEN 1972 AND 1978. DATA WERE OBTAINED FOR 829 MURDER ONE CASES (386 CASES INVOLVING WHITES, 421 CASES INVOLVING BLACKS, AND 22 CASES WITH MISSING DATA ON RACE). THERE WERE 251 BLACK VICTIMS, 502 WHITE VICTIMS, AND 76 CASES WITH MISSING DATA ON VICTIM RATE. LAW STUDENTS GATHERED INFORMATION FROM COURT RECORDS THAT FOCUSED ON DEMOGRAPHIC CHARACTERISTICS OF OFFENDERS AND VICTIMS, OFFENSES, AND TRIALS AND THEIR OUTCOMES. RESULTS INDICATED THAT DISCRIMINATION IN THE IMPOSITION OF THE DEATH PENALTY PREVAILED. DEFENDANT TYPE AND VICTIM OCCUPATION APPEARED TO EXERT AN EXCESSIVE INFLUENCE ON TRIAL OUTCOME. THE DEATH PENALTY WAS MOST LIKELY TO BE IMPOSED WHEN THE VICTIM WAS WHITE AND ENGAGED IN PROFESSIONAL OR SKILLED WORK. NO DEFENDANT RECEIVED THE DEATH PENALTY, HOWEVER, IN CASES OF BLACKS ENGAGED IN SKILLED WORK. BLACKS WERE MORE LIKELY TO BE INDICTED FOR THE MURDER OF UNEMPLOYED PERSONS, AND WHITES WERE MORE LIKELY TO BE INDICTED FOR THE MURDER OF PERSONS ENGAGED IN ILLEGAL OCCUPATIONS. BLACK DEFENDANTS WERE MORE LIKELY TO BE EMPLOYED IN UNSKILLED JOBS, AND WHITE DEFENDANTS WERE MORE LIKELY TO BE EMPLOYED IN SKILLED OR PROFESSIONAL JOBS. DEFENDANTS WHO WERE UNEMPLOYED OR ILLEGALLY EMPLOYED WERE MORE LIKELY TO RECEIVE THE DEATH PENALTY THAN DEFENDANTS WHO WERE IN SKILLED OR PROFESSIONAL OCCUPATIONS. DEFENDANTS OF LOWER SOCIOECONOMIC STATUS WERE USUALLY REPRESENTED BY A PUBLIC DEFENDER OR A COURT-APPOINTED ATTORNEY. WHITES WERE MORE LIKELY TO HAVE PRIVATELY-RETAINED DEFENSE COUNSEL AND WERE LESS LIKELY TO RECEIVE THE DEATH PENALTY. DISCRIMINATION BASED ON SOCIOECONOMIC STATUS APPEARED TO OPERATE IN RELATION TO THE FACTOR OF EDUCATION. THE PERCENTAGE OF INCARCERATED DEFENDANTS, BOTH MALE AND FEMALE, WITH LESS THAN A SECONDARY SCHOOL EDUCATION WAS HIGH. IT IS CONCLUDED THAT DISCRIMINATION IS PREVALENT IN THE IMPOSITION OF THE DEATH PENALTY AS A RESULT OF A DEFENDANT'S SOCIOECONOMIC STATUS. REFERENCES AND SUPPORTING DATA ARE INCLUDED. (DEP)