Sentencing Data

In most states, a death sen­tence may only be imposed by a jury in unan­i­mous agree­ment. But in two recent cas­es, defen­dants faced the pos­si­bil­i­ty of a death sen­tence despite the objec­tions of jurors. 

The American Bar Association’s Criminal Justice Section has announced its forth­com­ing annu­al report, The State of Criminal Justice 2023, exam­in­ing the state of the American crim­i­nal legal system. 

On July 18, 2023, after about nine hours of delib­er­a­tion, a Texas jury sen­tenced for­mer Supervisory United States Border Patrol agent Ronald Anthony Burgos-Aviles, age 34, to life with­out parole (LWOP) instead of death for the 2018 dou­ble mur­der of Grizelda Hernandez, age 27, and their son Dominic Alexander, age 1. This sen­tenc­ing ver­dict occurred in a high-use death penal­ty state; Texas has car­ried out the great­est num­ber of exe­cu­tions, at 583, of any state since 1976. But over the last two decades, the num­ber of new death sen­tences in Texas…

On March 14, 2023, at the direc­tion of Attorney General Merrick Garland (pic­tured), the U.S. Attorney for the District of North Dakota with­drew the notice of intent to seek a death sen­tence for Alfonso Rodriguez, Jr., who had been con­vict­ed in 2006 of the 2003 kid­nap­ping and killing of col­lege stu­dent Dru Sjodin. Rodriguez had orig­i­nal­ly been sen­tenced to death in 2007, but U.S. District Court Judge Ralph Erickson reversed the death sen­tence because of mis­lead­ing tes­ti­mo­ny pre­sent­ed at tri­al from the coro­ner and fail­ures of defense coun­sel to explore…

During the sen­tenc­ing phase of cap­i­tal cas­es, sym­pa­thet­ic evi­dence about the life of the defen­dant is typ­i­cal­ly pre­sent­ed to jurors, who then must decide whether such mit­i­gat­ing fac­tors mer­it spar­ing his or her life. Mitigation spe­cial­ists play a cru­cial role in col­lect­ing such evi­dence. They doc­u­ment ​“the trau­mas, pol­i­cy fail­ures, fam­i­ly dynam­ics and indi­vid­ual choic­es that shape the lives of peo­ple who kill.” According to an arti­cle from The Marshall Project, there are few­er than 1,000 mit­i­ga­tions spe­cial­ists nation­wide, yet they’ve ​“helped dri­ve down death sen­tences from more than 300…

Researchers based at the University of North Carolina found a strong sta­tis­ti­cal rela­tion­ship between the lev­el of racial resent­ment in a state and the num­ber of death sen­tences hand­ed down on Black peo­ple. In par­tic­u­lar, racial resent­ment was a stronger pre­dic­tor of Black death sen­tenc­ing rates than con­ser­v­a­tive ide­ol­o­gy, even when con­trol­ling for sev­er­al fac­tors such as homi­cide and vio­lent crime rates. Writing in the Journal of Race, Ethnicity, and Politics, the authors not­ed: “[W]e find that racial hos­til­i­ty trans­lates direct­ly into more death sen­tences, par­tic­u­lar­ly for Black offenders.”

Professor Craig Haney (pic­tured) of the University of California, Santa Cruz, Professor Frank Baumgartner of the University of North Carolina at Chapel Hill, and Karen Steele, a crim­i­nal defense attor­ney in Oregon, exam­ined age and race data from near­ly 9,000 death sen­tences imposed in the U.S. from 1972 to 2021. They found that the racial dis­par­i­ties that plague the death penal­ty were more pro­nounced in cas­es involv­ing juve­nile and late ado­les­cent defen­dants. Building on the find­ings of a 2022 study by Baumgartner, the authors found that, ​“Late ado­les­cent class members…

The death penal­ty con­tin­ued its long-term decline in the U.S. in 2022, as Oregon com­mut­ed its death row and new death sen­tences and pub­lic sup­port for the death penal­ty remained near 50-year lows. But per­haps more dra­mat­i­cal­ly than any­thing else, the for­ti­eth anniver­sary of lethal injec­tion could be known as ​“the Year of the Botched Execution,” the Death Penalty Information Center said in its 2022 Year End Report.

The out­come of a cap­i­tal pros­e­cu­tion can be pre­dict­ed based upon the rel­a­tive social sta­tus of the vic­tim, the defen­dant, and the jurors, apply­ing a soci­ol­o­gy con­cept known as the geo­met­ri­cal the­o­ry of law, accord­ing to the authors of a new book, Geometrical Justice: The Death Penalty in America.

A new study of the Texas death penal­ty, released as the state was con­duct­ing its 400^th mod­ern-era exe­cu­tion in a case involv­ing a white vic­tim, has doc­u­ment­ed over­whelm­ing racial dis­par­i­ties in the Lone Star state’s cap­i­tal pun­ish­ment system.