Capriciousness or Fairness?

Abstract

Previous research on capital sentencing have discovered quantitative proof of discrimination, especially by race of the victim. The present study examines prosecutorial decision making in Kentucky. Using a method of analysis developed by Berk et al., it seeks to determine the level of capriciousness (uncertainty) present in the prosecutorial decision to seek the death penalty. Kentucky prosecutors were most likely to seek the death penalty in cases where black offenders killed white victims.

Mental health mitigating evidence and judicial outcomes for federal capital defendants

“…Contrary to prior research suggests that capital trial outcomes may be affected by the race characteristics of both the defendant and victim (Keil and Vito, 1995;Thomson, 1997;Williams et al, 2007), our findings are consistent with the findings reported by . Our results did not provide empirical support for the notion that either defendant or victim demographic characteristics were directly associated with the outcomes of the U.S. Attorney General's review.…”

“…Findings from the limited amount of prior research have been inconclusive regarding the specific effects of psychological factors in mitigation Beck and Shumsky, 1997;Cowan et al, 1984;Garvey, 1998;Gillespie et al, 2014;Keil and Vito, 1995;McPherson, 1995;Paternoster, 1984;White, 1987). Notably, there have been no published studies that specifically examine mental health data as mitigating evidence on federal case outcomes, nor has investigation queried the impact of such evidence on the U.S. Attorney General's authorization to seek the death penalty.…”

“…Each juror must also certify that he or she did not consider these characteristics of the defendant or victim in reaching the determination. Nevertheless, defendant and victim race as well as other demographic characteristics have been found to influence trial outcomes (Beck and Shumsky, 1997;Bowers, 1983;Dunn et al, 2006;Keil and Vito, 1995;Paternoster, 1991;Paternoster and Kazyaka, 1988;Sorensen and Wallace, 1995;Thomson, 1997;Williams et al, 2007). Findings from many studies suggest the possibility that demographic characteristics influence trial outcomes; however, Berk et al (2005) suggested that there have been problems in the approaches researchers have used to examine racial biases in capital cases and that these findings may be weak or misleading.…”

Pathways to Offense Charging: Examining Defense Decision-Making During Case Processing

“…Research that has examined conviction outcomes highlights cases resulting in wrongful convictions (Free & Ruesink, 2012;M. B. Johnson, 2020;Ruesink & Free, 2005), the death penalty (Harmon, 2004;Holcomb et al, 2004;Keil & Vito, 2006;Ulmer et al, 2020;williams et al, 2007), and specific types of violent offenses (e.g., rape, domestic violence, and child sexual assault; Golding et al, 2007;La Free, 1980;Lundrigan et al, 2020;Nelson, 2013). For example, wagner and colleagues (2016) explore the factors that influence the odds of conviction in Stand your Ground (SyG) cases adjudicated in Florida and found that cases with non-white victims and those in which a gun was used in the attack were less likely to result in conviction.…”