NCJ Number
93757
Journal
Journal of Criminal Law and Criminology Issue: 3 Dated: (Fall 1983) Pages: 913-926
Date Published
1983
Length
14 pages
Annotation
In almost half of Florida capital cases reviewed since 1972, the State Supreme Court found flaws or errors so severe that it could not affirm the penalty.
Abstract
Data were obtained on all reported Florida Supreme Court decisions in death penalty cases during the period from January 1, 1973, to December 31, 1981. Only direct appeals were examined. Decisions made by the Florida Supreme Court in appeals for stays of execution were not considered, as this part of the appellate process is not explicitly charged with ensuring consistency and proportionality. A total of 146 decisions made on direct appeal for 138 defendants were reviewed. The variables considered were the defendant's and victim's races, victim's sex, the trial jury's sentence recommendation, the number of murdered victims, and a series of dummy variables that represent the type of trial and appellate attorney. The statistical technique used for analysis was multiple regression, which permits researchers to model changes in a dependent variable using a series of predictor variables. The Florida State Supreme Court could not affirm the death penalty, particularly where a zealous trial judge has overridden a jury's recommendation of life imprisonment. The court found that trial judges are more likely to err in cases with white defendant/female victim or black defendant/male victim. This finding underscores the necessity for State Supreme Court review. The principal findings that remain unexplained are the effects of defendant's race and victim's sex on outcomes. Three possible explanations are offered for these findings. Tabular data and 39 footnotes are provided.