NCJ Number
100500
Date Published
1985
Length
56 pages
Annotation
Site visits and interviews were conducted to evaluate the development and use of a model proportionality review system for death penalty cases in the appellate courts of Louisiana, New Jersey, and South Dakota.
Abstract
The system includes a background paper, guidelines for handling critical issues in reviews, a prototype questionnaire for data gathering, and a computerized data storage and retrieval system. Preliminary results indicate that the system is a sound, comprehensive means for providing structure and necessary procedures for conducting death penalty reviews. Actual use of the system could not be assessed as it is still in the very early stages of implementation in the States studied. Weaknesses seen in the system stem from the complexity of conducting proportionality reviews and of the system itself. Adoption of the system in other States is apt to be slow due to (1) a recent U.S. Supreme Court ruling that such reviews are not constitutionally required, (2) lack of need in small States, (3) data collection problems in large States, (4) public attitudes toward the death penalty, and (5) minor problems in the system itself. Recommendations for the system's application and for further research are presented. 47 footnotes. (Author abstract modified)