NCJ Number
46359
Date Published
1976
Length
23 pages
Annotation
THIS INVESTIGATION OF THE RELATIONSHIP BETWEEN RATES FOR FORCIBLE RAPE AND IMPOSITION OF THE DEATH PENALTY FINDS THAT RAPE FIGURES PARALLEL HOMICIDE FINDINGS WITH ONLY SLIGHT INVERSE RELATIONSHIP BETWEEN EXECUTIONS AND RATES.
Abstract
WHILE FORCIBLE RAPE HAS BEEN THE SECOND MOST COMMON CRIME TO BE PUNISHED BY THE DEATH PENALTY IN THE U.S., LITTLE RESEARCH HAS BEEN DONE ON THE RELATIONSHIP BETWEEN CAPITAL PUNISHMENT AND RATES FOR FORCIBLE RAPE. UNTIL RECENTLY THIS MAY HAVE BEEN BECAUSE RAPE WAS CONSIDERED AN UNPREMEDITATED 'CRIME OF PASSION.' HOWEVER, STUDIES CONDUCTED BY VARIOUS RESEARCHERS BETWEEN 1964 AND 1974 HAVE INDICATED THAT AS MANY AS 70 PERCENT OF RAPES ARE PLANNED AND METHODS TO AVOID DETECTION ARE AN IMPORTANT PART OF THE PLANNING. TO ATTEMPT TO DISCOVER IF THE DEATH PENALTY HAS HAD ANY EFFECT ON THIS CONCERN TO AVOID PUNISHMENT, RATES FOR FORCIBLE RAPE (THE ONLY KIND GENERALLY REPORTED TO THE POLICE) ARE CORRELATED WITH EXECUTIONS FOR RAPE FOR THE YEARS 1933-1967. THE DATA HAS MANY LIMITATIONS -- INCOMPLETE RECORDKEEPING, LOW REPORTING RATES, DIFFICULTING IN SEPARATING REPORTED CASES BY SOCIOECONOMIC OR OTHER SIGNIFICANT FACTORS. HOWEVER, COMPARISON OF RAW DATA FOR DEATH PENALTY STATES WITH, 'ABOLITION' STATES (STATES WITHOUT THE DEATH PENALTY) SHOWS ONLY A SLIGHT INVERSE RELATIONSHIP BETWEEN EXECUTIONS AND RATES OF FORCIBLE RAPE. EQUALLY IMPORTANT IS THE FINDING THAT ONLY A SMALL PROPORTION OF RAPES WERE PUNISHED BY THE DEATH PENALTY. WHILE ABOUT 50 PERCENT OF ARRESTS FOR RAPE WERE AMONG NONWHITES, VIRTUALLY ALL EXECUTIONS FOR RAPE WERE AMONG THIS GROUP. OF 455 EXECUTIONS FOR RAPE 1930-1971, 407 (89 PERCENT) WERE NONWHITE. WHENEVER IT IS ARGUED THAT CAPITAL PUNISHMENT WOULD DETER RAPE, IT SHOULD BE KEPT IN MIND THAT HISTORICALLY THE DEATH PENALTY HAS SELDOM BEEN INVOKED FOR RAPE AND THAT 50 PERCENT OF OFFENDERS HAVE BEEN IMMUNE. TABULAR DATA, EXTENSIVE NOTES, AND REFERENCES ARE INCLUDED. (GLR)