The Discretion of Prosecutors, Judges, and Juries in Capital Cases

Linda A. Foley · Richard S. Powell

28 citations0/0 files storedCriminal Justice Review

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Jury Decision Making Processes Legal processes and jurisprudence Criminal Justice and Corrections Analysis

Abstract

This study examines the impact of legal and extralegal factors on the decisions of prosecutors, juries, and judges in first degree murder cases. The cases analyzed included all the first degree murder indictments in 21 of the 67 counties in Florida from 1972 through 1978. The data indicate that each of the three decision makers studied is influenced differently by legal and extralegal factors. The prosecutors' decisions to try cases were influenced by the sex of the defendants, types of attorneys, and the existence of accomplices. The juries and judges were influenced by the sex of the offenders. Judges were influenced also by the race of the victims despite the recommendation of juries which were not influenced by this factor. These results obtained even when a variety of legal and extralegal factors were controlled statistically.

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References

1970The Social Reality of Crime 1967The American Jury.1974Extra-Legal Attributes and Criminal Sentencing: An Assessment of a Sociological Viewpoint 1971Law, order, and power 1978Race and Involvement in Common Law Personal Crimes 1979Racial and evidential factors in juror attribution of legal responsibility 1966Crime, Correction and Society 1976Sex and Race as Factors Affecting the Attribution of Insanity in a Murder Trial

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