Sentencing

STUDIES:"Death Penalty for Female Offenders"

Professor Victor Streib (pictured) of the Ohio Northern University Law School has published the latest edition of his periodic reports, Death Penalty for Female Offenders. This study offers statistics and information related to women who have been executed or are currently on death row.  Among the report’s findings are:
- In 2011, women constituted 6.4% of all persons sentenced to death, the highest percentage for any year since 1973.
- As of the end of 2011, fifty-eight (58) women were on death row, 18 of whom are in California, which hasn’t executed a woman since 1962.
- California, Texas and Florida were the leading states for sentencing women to death from 1973 through 2011.
- A total of 174 death sentences were imposed upon female offenders from 1973 through 2011. These 174 death sentences for female offenders constitute just 2.1% of all death sentences imposed during the same time period.
- Approximately 50% of the women on death row received the death penalty for killing a husband, boyfriend, a related child, or a child in her care.
-There have been 12 executions of women since the death penalty was reinstated in 1976, just under 1% of all executions in that time.

STUDIES: Part II on N.Y. Times Editorial "The Random Horror of the Death Penalty"

(On January 10, DPIC posted an item about an editorial in the New York Times criticizing the arbitrariness of the death penalty.  That editorial relied heavily on the research of Prof. John Donohue (pictured) of Stanford Law School and his study of the Connecticut death penalty.  This post looks further at the underlying study.)  Prof. Donohue's research found that out of thousands of murders committed in Connecticut between 1973 and 2007, only one resulted in an execution of the defendant. He concluded that "the state’s record of handling death-eligible cases represents a chaotic and unsound criminal justice policy that serves neither deterrence nor retribution. . . .At best, the Connecticut system haphazardly singles out a handful for execution from a substantial array of horrible murders," and that "arbitrariness and discrimination are defining features of the state’s capital punishment regime."

DPIC IN THE NEWS: Media Coverage of Year End Report

Over 400 media outlets around the country reported on DPIC's recent 2011 Year-End Report.  Coverage included stories on the dramatic drop in death sentences, the decline in executions, and fewer states having the death penalty.  Articles appeared in the Washington Post, Wall Street Journal, Los Angeles Times, Associated Press, Reuters, USA Today, CNN, TIME, and many other papers.  National broadcast outlets such as NBC's Nightly News, National Public Radio's Morning Editiion, and CBS Radio ran pieces, and the headline news was noted on The Tonight Show with Jay Leno.  Other coverage appeared on over 100 local radio and TV stations.  Among the papers writing editorials on the trends cited in the report were, the Los Angeles Times, the Washington Post, and the Dallas Morning News.  The L.A. Times’s editorial noted, “The Death Penalty Information Center's annual report on capital punishment in America, released Thursday, showed that executions continued to drop in 2011, to 43; that's down from 85 in 2000 and 46 last year. More significantly, the number of death sentences across the country fell dramatically this year, to 78 from 112 in 2010.  And perhaps most significant of all, the percentage of Americans who say they support the death penalty, which was 80% in 1994, fell to 61%, the lowest ever.”  The Washington Post's editorial attributed the decline in death sentences in part to the decreasing confidence in the capital punishment system, noting, “The risk of executing an innocent person must weigh heavily in the debate. There can be no denying that the criminal justice system makes mistakes… Public safety and appropriate punishment for the worst crimes can be achieved through life sentences without the danger of taking an innocent life.”  The Dallas Morning News editorial echoed the same hesitation when it comes to the death penalty, saying “The justice system will never be foolproof, and, therefore, use of the death penalty is never justified.”

NEW RESOURCES: Bureau of Justice Statistics Releases "Capital Punishment, 2010"

On December 20, the Bureau of Justice Statistics released its annual set of statistical tables on the death penalty in the United States, covering information for 2010. Hightlights from the report include:
-The average time spent on death row for those executed in 2010 was longer than for any previous year since the death penalty was reinstated in 1976. The average time between sentencing and execution for those executed in 2010 was 14.8 years.
-During 2010, 119 inmates were removed from death row: 53 had their sentences or convictions overturned or were granted commutations; 20 died by means other than execution; and 46 (38%) were executed.
-At the close of 2010, there were 388 Hispanics on death row, accounting for 12% of the nation's death row population. -Four states (California, Florida, Texas and Pennsylvania) accounted for more than 50% of all inmates on death row.
-Of the 7,879 inmates sentenced to death between 1977 and 2010, 16% have been executed. Six percent (6%) died by causes other than execution, and 39% eventually received other dispositions.

DPIC's Year End Report: Death Sentences Plunge to Historic Lows

On December 15, the Death Penalty Information Center released its latest report, The Death Penalty in 2011: Year End Report,” on statistics and trends in capital punishment in the past year.  The report noted that new death sentences dropped to 78 in 2011, marking the first time since capital punishment was reinstated in 1976 that the country has produced less than 100 death sentences in a year.  It represents a 75% decline since 1996, when there were 315 new death sentences.  California, which has the country's largest death row, saw its death sentences drop by more than half this year - 10 compared with 29 in 2010.  Only 13 states carried out executions in 2011, 74% of which were in the South.  Only 8 states carried out more than one execution.  Texas led the country with 13 executions, but that number represents a 46% decrease from 2009, when there were 24 executions.  “This year, the use of the death penalty continued to decline by almost every measure," said Richard Dieter, DPIC’s Executive Director and the report’s author.  "Executions, death sentences, public support, the number of states with the death penalty all dropped from previous years.  Whether it’s concerns about unfairness, executing the innocent, the high costs of the death penalty, or the general feeling that the government just can’t get it right, Americans moved further away from capital punishment in 2011.”

STUDIES: Virginia Leads the Country in Death Sentences Resulting in Executions

According to a recent study by the Richmond Times-Dispatch, Virginia executes the highest proportion of people sentenced to death of any state in the country. Of the 149 death sentences handed down through 2010, 108 have resulted in an execution, a rate of about 72 percent.  Virginia is second to Texas in the total number of executions carried out since 1976, but Texas has executed less than half of those sentenced to death.  In many states, less than 1 in 10 death sentences have resulted in an execution.  Inmates in Virginia also spend the shortest time on death row prior to execution--on average, just 7.1 years--compared to a national average of just over 14 years for those executed in 2009.  From the mid-1970s to 1995, just 18% of Virginia death cases were reversed by appeals courts. Nationally, 68% of death cases were reversed in the same time period.  According to Richard J. Bonnie, director of the Institute of Law, Psychiatry and Public Policy at the University of Virginia, "almost from the beginning, Virginia has basically tried to expedite the process of state post-conviction review and reduce the kinds of claims that can be raised in state courts." As a result, most of the post-conviction review occurs in federal court, particularly the 4th Circuit, which Bonnie described as "reluctant to set aside death sentences." 

Syndicate content