Who's the Fairest in the Land? Analysis of Judge and Jury Death Penalty Decisions
The fairness of the application of the death penalty has come under question in recent years, amid the growing number of minority death row inmates. In this study, the Supreme Court decision Ring v. Arizona, which changed the death penalty sentencing phase in 13 states, is used to identify the different case and defendant characteristics that affect the decision to apply the death penalty. Using data that link homicide incidents to defendant trial outcomes in states with the death penalty, estimates suggest that juries both are more likely to apply the death penalty than judges and are more influenced by the age and race of the victim and the offender. These results raise concerns over the recent shift from judicial- to jury-based sentencing in capital cases.
If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Kubik, Jeffrey D & Moran, John R, 2003. "Lethal Elections: Gubernatorial Politics and the Timing of Executions," Journal of Law and Economics, University of Chicago Press, vol. 46(1), pages 1-25, April.
- Timothy Besley & Anne Case, 1994.
"Unnatural Experiments? Estimating the Incidence of Endogenous Policies,"
NBER Working Papers
4956, National Bureau of Economic Research, Inc.
- Besley, Timothy & Case, Anne, 2000. "Unnatural Experiments? Estimating the Incidence of Endogenous Policies," Economic Journal, Royal Economic Society, vol. 110(467), pages 672-694, November.
- Smith, M. Dwayne, 1987. "Patterns of discrimination in assessments of the death penalty: The case of Louisiana," Journal of Criminal Justice, Elsevier, vol. 15(4), pages 279-286.
When requesting a correction, please mention this item's handle: RePEc:ucp:jlawec:doi:10.1086/661565. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Journals Division)
If references are entirely missing, you can add them using this form.