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STUDIES: The Effects of Judge vs. Jury Sentencing

Judge
(Click left image to enlarge). A new study by researchers at Cornell University examined the effects of Delaware's decision to transfer capital sentencing authority from the jury to the judge at trial. The study used data from capital cases between 1977 and 2007, during which time Delaware made the shift to judge sentencing--one of very few states to employ that procedure. According to the study, "Judges were significantly more likely to give a defendant the death sentence than were juries." During the era when Delaware relied on juries for sentencing, about 20% of capital cases resulted in death sentences. In the era when it relied solely on judges, 53% of the cases were given death sentences. Today, the state has a hybrid model in which a jury must unanimously find the existence of at least one aggravating factor beyond a reasonable doubt to make a case death eligible. The jury then makes a sentencing recommendation to the judge, which is given appropriate consideration.


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STUDIES: Murder of Female Victims More Likely to Result in Death Sentence

A recent study by researchers at Cornell Law School found that the gender of the murder victim may influence whether a defendant receives the death penalty. Using data from 1976 to 2007 in Delaware, the study found that in cases with female victims, 47.1% resulted in death sentences, while in those involving male victims, only 32.3% were sentenced to death. The researchers looked at a number of factors other than the victim's gender that might have affected sentencing decisions, including the heinousness of the crime, whether there was a sexual element to the murder, and the relationship between defendant and victim. The study found that some of the gender effect in sentencing could be explained by factors other than just the gender of the victim. Crimes involving sexual violence were more likely to result in a death sentence, as were crimes in which the victim and defendant knew one another, and victims of both of those types of crimes are more likely to be women.


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NEW RESOURCES: Latest "Death Row, USA" Now Available

The latest edition of the NAACP Legal Defense Fund's Death Row, USA shows the total death row population continuing to decline in size. The U.S. death-row population decreased from 3,108 on April 1, 2013, to 3,095 on July 1, 2013. The new total represented a 12% decrease from 10 years earlier, when the death row population was 3,517. The states with the largest death rows were California (733), Florida (412), Texas (292), Pennsylvania (197), and Alabama (197). In the past 10 years, the size of Texas's death row has shrunk 36%; Pennsylvania's death row has declined 18%; on the other hand, California's death row has increased 17% in that time. The report also contains racial breakdowns on death row. The states with the highest percentage of minorities on death row were Delaware (78%) and Texas (71%), among those states with at least 10 inmates. The total death row population was 43% white, 42% black, 13% Latino, and 2% other races.


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