Evaluation of Proportionality Review Procedures of Death Penalty Cases in State Appellate Courts, Executive Summary

• NCJ Number: 100499
• Date Published: 1985
• Author(s): J A Roehl; R F Cook
• Length: 13 pages
• Grant Number(s): 83-IJ-CX-0016
• Agencies: NIJ-Sponsored
• Publication Type: Program/Project Evaluation

Annotation

This executive summary describes the model death-penalty proportionality review system developed by the National Center for State Courts and presents the results of its evaluation.

Abstract

The system is designed to assist appellate courts in comparing the capital punishment sentence in the case under review with sentences in similar cases. The model contains an issue paper with guidelines for addressing the central issues of proportionality reviews; a questionnaire for collecting information on death-eligible cases; and a computerized system for storing, selecting, and reviewing the case information. Louisiana, New Jersey, and South Dakota agreed to an experimental use of the model, but South Dakota and New Jersey have yet to impose a death sentence under their post-Furman statutes. They have, however, begun to develop a system based on the model. The model system is not likely to be developed in Louisiana. A telephone survey was conducted with potential users of the system who were acquainted with its content and structure. The interviews suggest that the model is a sound, sophisticated system with the potential for assisting State appellate courts with proportionality reviews. Weaknesses stem from the complexity of the system. Adoption is likely to be slow, since a recent U.S. Supreme Court decision (Pulley v. Harris) held that proportionality reviews are not constitutionally required. Recommendations are presented for the system's application and further research. 9 notes.