We demonstrate strong self-referential effects in county-level data concerning use of the death penalty. We first show event-dependency using a repeated-event model. Higher numbers of previous events reduce the expected time delay before the next event. Second, we use a cross-sectional time-series approach to model the number of death sentences imposed in a given county in a given year. This model shows that the cumulative number of death sentences previously imposed in the same county is a strong predictor of the number imposed in a given year. Results raise troubling substantive implications: The number of death sentences in a given county in a given year is better predicted by that county’s previous experience in imposing death than by the number of homicides. This explains the previously observed fact that a large share of death sentences come from a small number of counties and documents the self-referential aspects of use the death penalty. A death sentencing system based on racial dynamics and then amplified by self-referential dynamics is inconsistent with equal protection of the law, but this describes the United States system well.

Capital punishment remains legal in most U.S. states even though only a small number of them regularly impose it. I attribute the persistence of death penalty statutes to the existence of direct democracy institutions in about half the states. Applying a longitudinal research design that leverages annual estimates of state death penalty opinion, I show that these institutions strengthen the connection between public opinion and capital punishment’s legality, indicating that they foster policy responsiveness. By extension, because citizens have generally favored capital punishment, I find that direct democracy states are more likely to have the death penalty. I also demonstrate that direct democracy increases the likelihood that policy will be congruent with majority opinion, especially in states where opinion leans strongly in one direction. The representation-enhancing effect of direct democracy, however, does not extend to the punishment’s application, as measured by states’ issuance of death sentences.

This study seeks to explain state adoptions of same-day registration (SDR), with a focus on determining whether the Democratic (Republican) Party’s support of (resistance to) this impactful voting reform is driven by strategic electoral considerations. I find that states have an increased probability of enacting the reform when legislative Democrats are in the precarious position that comes with having just experienced minority status in one or both chambers. Relatedly, I demonstrate that the presence of a Republican legislature does not make adoption less likely until the size of the Black population reaches a certain threshold. In fact, provided the Black population is small enough, Republican control of the legislature encourages reform. The results offer conflicting evidence, however, that large Latino populations deter the GOP from establishing SDR. Considered together, the results cast doubt on the claim that either party’s position is informed by principle alone.

We explore the annual number of death sentences imposed on black and white offenders within each US state from 1989 through 2017, with particular attention to the impact of aggregate levels of racial resentment. Controlling for general ideological conservatism, homicides, population size, violent crime, institutional and partisan factors, and the inertial nature of death sentencing behavior, we find that racial hostility translates directly into more death sentences, particularly for black offenders. Racial resentment itself reflects each state’s history of racial strife; we show powerful indirect effects of a history of lynching and of racial population shares. These effects are mediated through contemporaneous levels of racial resentment. Our findings raise serious questions about the appropriateness of the ultimate punishment, as they show its deep historical and contemporary connection to white racial hostility toward blacks.

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