Exploring the Role of Victim Sex, Victim Conduct, and Victim–Defendant Relationship in Capital Punishment Sentencing

Lane Kirkland Gillespie · Thomas A. Loughran · M. Dwayne Smith · Sondra J. Fogel · Beth E. Bjerregaard

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Jury Decision Making Processes Criminal Justice and Corrections Analysis Torture, Ethics, and Law

Abstract

Disparities in the administration of capital punishment are a prominent social and political issue. Recent studies indicate that victim characteristics of sex and race produce interactive effects on capital-sentencing outcomes. Extending this line of research, the current analysis explores the intersection of victim sex with victim conduct and victim–defendant relationship, utilizing a population of North Carolina capital cases spanning the years 1977 to 2009 ( N = 1,285). Findings indicate that cases with a female victim who was not involved in illegal activity at the time of the murder and acquaintance female victim cases are most likely to result in a death recommendation. Potential reasons for these findings are discussed.

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References

1998THE INTERACTION OF RACE, GENDER, AND AGE IN CRIMINAL SENTENCING: THE PUNISHMENT COST OF BEING YOUNG, BLACK, AND MALE 1984Crime Victims: An Introduction to Victimology 1991Equal justice and the death penalty: a legal and empirical analysis 2011A HEAVY THUMB ON THE SCALE: THE EFFECT OF VICTIM IMPACT EVIDENCE ON CAPITAL DECISION MAKING*2004The prejudicial nature of victim impact statements: Implications for capital sentencing policy.2006The Case of the Guilty Victim: The Effects of Gender of Victim and Gender of Perpetrator on Attributions of Blame and Responsibility 1994The effects of victim impact statements on sentencing decisions: A test in an urban setting 1996Legal Treatment of the Victim-Offender Relationship in Crimes of Violence

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2015Punishing femicide: Criminal justice responses to the killing of women over four decades 2015The Intersection of Victim Race and Gender 2014An Examination of Defendant Sex Disparity in Capital Sentencing: A Propensity Score Matching Approach

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