Prosecutorial Discretion and Capital Sentencing in North and South Carolina (From Death Penalty in America: Current Research, P 39-52, 1991, Robert M Bohm, ed. -- See NCJ-127534)

• NCJ Number: 127537
• Author(s): R Paternoster
• Date Published: 1991
• Length: 14 pages
• Sale Source: Anderson Publishing Co
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

This chapter examines factors, particularly racial discrimination, that influence prosecutors' charging decisions under the post-Furman guided discretion statutes in two contiguous death penalty states, North and South Carolina.

Abstract

It enumerates the aggravating and mitigating circumstances in the capital sentencing statutes of both States. Data sources for South Carolina include Supplemental Homicide Report of 302 felony-murder cases, as well as the original police report of the homicide, subsequent investigations, court and trial information, and criminal history data. North Carolina data was obtained from a study conducted by Barry Nakell. It provided information from the office of the medical examiner, police reports, court reports, and interviews with both prosecuting and defense attorneys. South Carolina prosecutors sought the death sentence for 114 (38 percent) out of 302 homicides and North Carolina prosecutors for 118 (25 percent) out of 468. In addition to factors in mitigation and aggravation, regression analysis of these data shows strong evidence of victim-based racial discrimination in prosecutorial decision-making in South Carolina, but not in North Carolina. 7 tables, 3 notes, and 6 references