NCJ Number
26373
Journal
American Journal of Orthopsychiatry Volume: 45 Issue: 4 Dated: (JULY 1975) Pages: 658-668
Date Published
1975
Length
11 pages
Annotation
THE AUTHORS ARGUE THAT SINCE BLACKS WERE SHOWN TO BE MORE LIKELY TO RECEIVE DEATH SENTENCES FOR RAPE CONVICTIONS UNDER THE OLD DISCRETIONARY STATUTE IN GEORGIA, THE NEW STATUTE, WHICH ALSO ALLOWS DISCRETION, IS OPEN TO ABUSE.
Abstract
FOLLOWING THE 1972 U.S. SUPREME COURT DECISION ON CAPITAL PUNISHMENT, THE GOREGIA LEGISLATURE ENACTED A DEATH PENALTY STATUTE THAT ATTEMPTS TO AVOID CONSITUTIONAL OBJECTIONS BY ESTABLISHING DISCRETIONARY STANDARDS FOR JUDGE AND JURY SENTENCING. THE STATUTE SPECIFIES THAT THE DEATH PENALTY MAY BE IMPOSED BY THE TRIAL JUDGE OR JURY ONLY IF THE SENTENCER FINDS AT LEAST ONE AGGRAVATING CIRCUMSTANCE. THE AUTHORS REANALYZED A SAMPLE OF 361 RAPE CASES IN GEORGIA TO DETERMINE WHAT FACTORS, OTHER THAN RACE, MAY HAVE BEEN IMPORTANT IN IMPOSING THE DEATH PENALTY. THE RESULTS SHOWED THAT RACE, AND NOT ANY OF THE OTHER NONRACIAL AGGRAVATING CIRCUMSTANCES, STILL SEEMED TO BE THE PRIME FACTOR IN IMPOSITION OF CAPITAL PUNISHMENT. THE AUTHORS CONCLUDE THAT IN VIEW OF THESE FINDINGS, IT IS UNLIKELY THAT THE DEATH PENALTY WILL BE IMPOSED WITH GREATER EQUITY WHEN SUBSTANTIAL DISCRETION REMAINS IN THE REVISED STATUTES. (AUTHOR ABSTRACT MODIFIED)