Disparity in Capital Sentencing

2019 ◽  
Author(s):  
Marian R. Williams
Keyword(s):  
United States ◽  
Death Penalty ◽  
Low Income ◽  
Due Process ◽  
The United States ◽  
Death Sentence ◽  
Court System ◽  
Disparate Treatment ◽  
Black Offenders ◽  
To Receive

The death penalty has long been a source of debate and is perhaps the most litigated sentence in the United States. Arguments for the use of the death penalty point to “just deserts” or retribution, while arguments against its use point to its implementation, including how the death penalty is administered (e.g., via electrocution, lethal injection), the types of offenses that are eligible for the death penalty (e.g., murder, rape, treason), and the offenders who are sentenced to death (e.g., males, minorities). This latter concern is the subject of much research, to the extent that a number of U.S. Supreme Court cases have addressed this research, especially in the cases Furman v. Georgia (1972) and McCleskey v. Kemp (1987). Research has indicated that those who are sentenced to death share common characteristics, including gender, minority status, social class, geography, and victim similarities. Overwhelmingly, research has noted that, in general, those who kill white victims are the most likely to receive a death sentence, particularly black offenders who kill white victims. Also, males are more likely to receive a death sentence than females, low-income individuals are more likely to receive a death sentence than higher-income individuals, and committing a capital offense in a handful of counties in the United States increases the likelihood of a death sentence. It is difficult to determine in most cases the reasons for this disparity. Outright discrimination by prosecutors, judges, and/or juries is a possibility, but the court system has made it extremely difficult for offenders to prove discrimination in their individual cases. Some researchers argue that the criminal justice system is stacked against minorities and the poor, by enforcing laws more forcefully in their neighborhoods and requiring financial resources to defend oneself (e.g., bail, defense attorneys). Regardless of the reason for disparate treatment in individual cases, the fact that disparate treatment exists is concerning in a country whose constitution emphasizes due process and equal protection under law.

The Use of the Death Penalty

1969 ◽  
Vol 15 (1) ◽  
pp. 43-56 ◽  
Author(s):  
Walter C. Reckless
Keyword(s):  
United States ◽  
Death Penalty ◽  
Capital Punishment ◽  
The United States ◽  
Death Sentence ◽  
Dramatic Reduction ◽  
Public Sentiment ◽  
Discernible Effect ◽  
The World ◽  
Important Trend

Undoubtedly the most important trend in capital punishment has been the dramatic reduction in the number of offenses statutorily punishable by the death penalty. About two hundred years ago England had over two hundred offenses calling for the death penalty; it now has four. Some countries have abolished capital punishment completely; a few retain it for unusual offenses only. The trend throughout the world, even in the great number of countries that retain the death penalty, is definitely toward a de facto, not a de jure, form of abolition. In the United States, where the death penalty is possible in three-fourths of the states, the number of executions has declined from 199 in 1935 to an average of less than three in the last four years. This change is related to public sentiment against the use of the death penalty and even more directly to the unwillingness of juries and courts to impose a first-degree sentence. The increasing willingness of governors to commute a death sentence and of courts to hear appeals also contributes to this decline. A review of the evidence indicates that use of the death penalty has no discernible effect on the commission of capital offenses (especially murder).

Public Opinion and Capital Punishment: A Close Examination of the Views of Abolitionists and Retentionists

1983 ◽  
Vol 29 (1) ◽  
pp. 116-169 ◽  
Author(s):  
Phoebe C. Ellsworth ◽  
Lee Ross
Keyword(s):  
United States ◽  
Public Opinion ◽  
Death Penalty ◽  
Capital Punishment ◽  
Due Process ◽  
Response Rate ◽  
The United States ◽  
United States Supreme ◽  
Self Image ◽  
Legal Implications

A survey designed to examine the attitudinal and informational bases of people's opinions about the death penalty was administered to 500 Northern California residents (response rate = 96 percent). Of these, 58.8 percent were proponents of capital punishment, 30.8 percent were opponents, and 10.4 percent were undecided. When asked whether they favored mandatory, discretionary, or no death penalty for various crimes, respondents tended to treat these options as points on a scale of strength of belief, with mandatory penalties favored for the most serious crimes, rather than considering the questions of objectivity and fairness that have influenced the United States Supreme Court's considerations of these options. For no crime did a majority favor execution of all those convicted, even when a mandatory penalty was endorsed. Respondents were generally ignorant on factual issues related to the death penalty, and indicated that if their factual beliefs (in deterrence) were incorrect, their attitude would not be influenced. When asked about their reasons for favoring or opposing the death penalty, respondents tended to endorse all reasons consistent with their attitudes, indicating that the attitude does not stem from a set of reasoned beliefs, but may be an undifferenti ated, emotional reflection of one's ideological self-image. Opponents favored due process guarantees more than did Proponents. A majority of respondents said they would need more evidence to convict if a case was capital. Theoretical and legal implications of the results are discussed.

Death Penalty Disposition in China: What Matters?

2016 ◽  
Vol 62 (1) ◽  
pp. 253-273 ◽  
Author(s):  
Yudu Li ◽  
Dennis Longmire ◽  
Hong Lu
Keyword(s):  
United States ◽  
Death Penalty ◽  
The United States ◽  
Death Sentence ◽  
Court Cases ◽  
Sentencing Decisions ◽  
Significant Relationships ◽  
Death Sentences ◽  
Capital Cases ◽  
Using Data

In theory, sentencing decisions should be driven by legal factors, not extra-legal factors. However, some empirical research on the death penalty in the United States shows significant relationships between offender and victim characteristics and death sentence decisions. Despite the fact that China frequently imposes death sentences, few studies have examined these sanctions to see if similar correlations occur in China’s capital cases. Using data from published court cases in China involving three violent crimes—homicide, robbery, and intentional assault—this study examines the net impact of offender’s gender, race, and victim–offender relationship on death sentence decisions in China. Our overall multiple regression results indicate that, after controlling for other legal and extra-legal variables, an offender’s gender, race, and victim–offender relationship did not produce similar results in China when compared with those in the United States. In contrast, it is the legal factors that played the most significant role in influencing the death penalty decisions. The article concludes with explanations and speculations on the unique social, cultural, and legal conditions in China that may have contributed to these correlations.

scholarly journals Revisiting Death's Difference: The Philosophical Anthropology of the U.S. Death Penalty and the Impossibility of Capital Due Process

2020 ◽  
Vol 9 (1) ◽  
pp. 181-208
Author(s):  
G.P. Marcar
Keyword(s):  
United States ◽  
Supreme Court ◽  
Death Penalty ◽  
Due Process ◽  
Philosophical Anthropology ◽  
The United States ◽  
Human Beings ◽  
Eighth Amendment ◽  
Legal Challenges ◽  
The U.S

AbstractWithin the United States, legal challenges to the death penalty have held it to be a “cruel and unusual” punishment (contrary to the Eighth Amendment) or arbitrarily and unfairly enacted (contrary to the Fifth and Fourteenth Amendments). The Eighth Amendment requires that punishments not be disproportionate or purposeless. In recent rulings, the U.S. Supreme Court has adopted a piecemeal approach to this matter. In regard to particular classes of defendant, the Court has sought to rule on whether death is likely to be a proportional and purposeful punishment, as well as whether—given the condition of these defendants—such a determination can be reliably and accurately gauged. This article will suggest a different approach. Instead of asking whether, given the nature of certain categories of human defendant, the death penalty is constitutional in their case, I will begin by asking what—given the nature of the U.S. death penalty—one must believe about human beings for death to be a proportionate punishment. From this, I will argue that to believe that these penal goals are capable of fulfilment by the death penalty entails commitment to an empirically unconfirmable philosophical anthropology. On this basis, it will be further argued that the beliefs required for the U.S. death penalty's proportional and purposeful instigation (pursuant to the Eighth Amendment) are not congruent with the demands of legal due process.

scholarly journals Capital Punishment and the Legacies of Slavery and Lynching in the United States

2021 ◽  
Vol 694 (1) ◽  
pp. 205-219
Author(s):  
David Rigby ◽  
Charles Seguin
Keyword(s):  
United States ◽  
Death Penalty ◽  
Capital Punishment ◽  
State Level ◽  
The United States ◽  
To Receive

Capital punishment in the United States is racialized: those convicted of the murder of Whites are much more likely to receive the death penalty than those convicted for the murder of Blacks. Capital punishment is more commonly practiced in places where lynching of Blacks occurred more frequently and in states in which slavery was legal as of 1860. Accordingly, scholars have debated whether capital punishment reflects a legacy of lynching or a legacy of slavery. Our analysis shows that lynching on its own is a significant predictor of contemporary executions, but that once slavery is accounted for, slavery predicts executions, while lynching does not. We argue that slavery’s state-level institutional legacy is central to contemporary capital punishment.

Emigrant Psychoanalysts in the USA and the FBI Archives

2004 ◽  
Vol 6 (1) ◽  
pp. 75-92 ◽  
Author(s):  
James E. Goggin
Keyword(s):  
United States ◽  
Civil Rights ◽  
National Socialism ◽  
Cultural Context ◽  
Due Process ◽  
The United States ◽  
External Threats ◽  
The Usa ◽  
The Rich ◽  
New Nation

Interest in the fate of the German psychoanalysts who had to flee Hitler's Germany and find refuge in a new nation, such as the United States, has increased. The ‘émigré research’ shows that several themes recur: (1) the theme of ‘loss’ of one's culture, homeland, language, and family; and (2) the ambiva-lent welcome these émigrés received in their new country. We describe the political-social-cultural context that existed in the United States during the 1930s, 1940s and 1950s. Documentary evidence found in the FBI files of three émigré psychoanalysts, Clara Happel, Martin Grotjahn, and Otto Fenichel, are then presented in combination with other source material. This provides a provisional impression of how each of these three individuals experienced their emigration. As such, it gives us elements of a history. The FBI documents suggest that the American atmosphere of political insecurity and fear-based ethnocentric nationalism may have reinforced their old fears of National Socialism, and contributed to their inclination to inhibit or seal off parts of them-selves and their personal histories in order to adapt to their new home and become Americanized. They abandoned the rich social, cultural, political tradition that was part of European psychoanalysis. Finally, we look at these elements of a history in order to ask a larger question about the appropriate balance between a liberal democratic government's right to protect itself from internal and external threats on the one hand, or crossover into the blatant invasion of civil rights and due process on the other.

Industry Payments to Plastic Surgeons: What Has Changed Over the Last Six-Years Following Implementation of the Physician Payment Sunshine Act?

2021 ◽  
Author(s):  
Rowland W Pettit ◽  
Jordan Kaplan ◽  
Matthew M Delancy ◽  
Edward Reece ◽  
Sebastian Winocour ◽  
...  
Keyword(s):  
United States ◽  
User Interface ◽  
Stock Options ◽  
Data Interpretation ◽  
The United States ◽  
Inclusion Criteria ◽  
Physician Payment ◽  
The Past ◽  
To Receive ◽  
Open Payments

Abstract Background The Open Payments Program, as designated by the Physician Payments Sunshine Act is the single largest repository of industry payments made to licensed physicians within the United States. Though sizeable in its dataset, the database and user interface are limited in their ability to permit expansive data interpretation and summarization. Objectives We sought to comprehensively compare industry payments made to plastic surgeons with payments made to all surgeons and all physicians to elucidate industry relationships since implementation. Methods The Open Payments Database was queried between 2014 and 2019, and inclusion criteria were applied. These data were evaluated in aggregate and for yearly totals, payment type, and geographic distribution. Results 61,000,728 unique payments totaling $11,815,248,549 were identified over the six-year study period. 9,089 plastic surgeons, 121,151 surgeons, and 796,260 total physicians received these payments. Plastic surgeons annually received significantly less payment than all surgeons (p=0.0005). However, plastic surgeons did not receive significantly more payment than all physicians (p = 0.0840). Cash and cash equivalents proved to be the most common form of payment; Stock and stock options were least commonly transferred. Plastic surgeons in Tennessee received the most in payments between 2014-2019 (mean $ 76,420.75). California had the greatest number of plastic surgeons to receive payments (1,452 surgeons). Conclusions Plastic surgeons received more in industry payments than the average of all physicians but received less than all surgeons. The most common payment was cash transactions. Over the past six years, geographic trends in industry payments have remained stable.

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