Stuck in the dark ages: Supreme Court decision making and legal developments.

Abstract

In the latter quarter of the 20th century, the United States Supreme Court has generally refused to narrow the procedural and substantive conditions under which adults may be sentenced to death for capital murder. The current status of social science evidence is briefly reviewed to evaluate the Court's treatment of 3 specific categories of evidence: the death-qualified jury, prejudicial capital sentencing, and juror comprehension of capital-sentencing instructions. The role of perceptions of public opinion in the perseverance of capital punishment statutes is considered. It appears that the Court, in general, does not place much weight on social science evidence. Suggestions are made for future areas of research and practice for social scientists interested in capital punishment.

The death penalty in the United States: A crisis of conscience.

“…The works collected in this theme issue provide detailed discussions of many appellate court decisions that have considered—and often dismissed—the due process problems that plague the guilt and penalty phases of capital murder trials and the persistent and troubling role of race in imposing the ultimate punishment (Lanier & Acker, 2004; Ogloff & Chopra, 2004). These analyses address and illuminate precisely those concerns that have led to crises of conscience about the death penalty system in Illinois and elsewhere.…”

“…As many of the authors in this theme issue have noted, the recent history of the death penalty is marked by the apparent intransigence of the legal and political system by which the death penalty is defended. In far too many cases, for political and other reasons, the data are ignored, the studies overlooked, and the conclusions summarily rejected simply because they do not fit a preconceived outcome or support the wisdom and fairness of existing practices (e.g., Lanier & Acker, 2004; Ogloff & Chopra, 2004; Wiener et al, 2004). Research that looks accurately and honestly at the realities of death sentencing in the United States reminds political and legal decision makers that our system of capital punishment does not match the image that has been created of it in many political campaigns and court opinions.…”