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Discrimination in Capital Punishment Based Upon Sex of Offender

NCJ Number
101159
Author(s)
V L Streib
Date Published
1986
Length
18 pages
Annotation
This report presents data on executions in the United States in the 20th century by offenders' sex as well as similar data on persons currently on death row. Explanations for the low percentage of women on death row center on the aggravating and mitigating factors considered in sentencing decisions.
Abstract
From the turn of the century until the execution of Margie Barfield in 1984, only .4 percent of those executed in the United States have been women. Only 1.3 percent of current death row inmates are women. In an effort to comply with U.S. Supreme Court guidelines, the 36 valid State capital punishment statutes list specific aggravating and mitigating factors to guide the sentencing decision. Although no factor is expressly related to offender gender, the factors tend to make it unlikely a woman will be sentenced to death. Sentencers are more likely to view women as being under extreme mental or emotional disturbance at the time of the crime, as being under the domination of another person at< the time of the crime, as not being generally prone to violence, and as not having a prior history of criminal activity. Also, women are seldom involved in felony murder or premeditated murder. Data indicate that when the aggravating and mitigating factors are similar for male and female offenders, sentencers will tend to be more lenient with females. 37 footnotes and tabular data.

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