NCJ Number
61529
Date Published
1979
Length
23 pages
Annotation
CASES OF 829 INDIVIDUALS INDICTED IN FLORIDA FOR MURDER WERE ANALYZED IN TERMS OF THE STATE'S DEATH PENALTY LEGISLATION AND THE DIFFERENTIAL TREATMENT OF MALE AND FEMALE OFFENDERS.
Abstract
SUBJECTS FOR STUDY INCLUDED EVERY PERSON INDICTED FOR MURDER ONE IN 21 TO 67 FLORIDA COUNTIES BETWEEN 1972 AND 1978. DATA ON THE 829 MOSTLY MALE CASES SHOWED THAT THERE WERE 386 WHITE AND 421 BLACK MURDER SUSPECTS, AND 22 CASES WITH MISSING DATA ON RACE. THERE WERE 251 BLACK VICTIMS, 502 WHITE VICTIMS, AND 76 OTHERS WHOSE RACE WAS NOT RECORDED. LAW STUDENTS GATHERED INFORMATION FROM COURT RECORDS ON DEMOGRAPHIC CHARACTERISTICS OF OFFENDERS AND VICTIMS, OFFENSES, AND TRIALS AND THEIR OUTCOMES. RESULTS DEMONSTRATED THAT MALES AND FEMALES RECEIVED DIFFERENTIAL TREATMENT AT MANY POINTS IN THE JUDICIAL PROCESS. IN SOME CASES, DIFFERENTIAL TREATMENT WAS THE RESULT OF ALLOWABLE AGGRAVATING OR MITIGATING CIRCUMSTANCES AND DID NOT CONSTITUTE SEXUAL DISCRIMINATION. PROSECUTORS WERE TWICE AS LIKELY TO PROCESS MALES THAN FEMALES. FEMALES WERE MORE LIKELY THAN MALES TO HAVE A CLOSE RELATIONSHIP WITH VICTIMS. MALES WERE MORE LIKELY THAN FEMALES TO HAVE FEMALE VICTIMS, AND MALES WERE ALSO MORE LIKELY TO BE FELONS AND THUS RECEIVE MURDER ONE CONVICTIONS. ALTHOUGH PROSECUTOR DECISIONS FAVORED WOMEN, VERDICTS OF JURIES AND OUTSIDE EXPERTS DID NOT. SENTENCING BIAS SEEMED TO BE ALMOST EXCLUSIVELY DUE TO DISCRIMINATORY DECISIONS BY JUDGES. THE INFLUENCE OF JUDGES WAS MORE CLEARLY EVIDENT IN CAPITAL OFFENSE CASES. JUDGES WERE SIGNIFICANTLY MORE LIKELY TO SENTENCE MALES TO DEATH AND WERE MORE LIKELY TO REVERSE JURY RECOMMENDATIONS OF LIFE THAN JURY RECOMMENDATIONS OF DEATH. ALL REVERSALS OF JURY RECOMMENDATIONS INVOLVED MALES. IT IS CONCLUDED THAT FLORIDA DEATH PENALTY LEGISLATION HAS NOT PREVENTED THE DIFFERENTIAL TREATMENT OF MALES AND FEMALES IN THE CRIMINAL JUSTICE SYSTEM. SUPPORTING DATA AND REFERENCES ARE INCLUDED. (DEP)