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Race and the Process of Capital Punishment in the New South

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Abstract:

Abstract
The process of determining recipients of capital punishment in the United States involves sequential stages of decision making by the prosecutor and jury. Despite this practical reality, most researchers have concentrated on the most visible part of capital prosecution--the outcome at the sentencing phase. We argue in favor of modeling capital punishment as a process by decomposing the various stages of decision making. Using homicide data from 1993 through 1997, with a rich set of variables, we analyze the politics of race and its potential influence in the application of capital punishment in the new South. Despite structural reforms to minimize its effects in capital sentencing, race still plays a crucial role in capital punishment after controlling for institutional legal factors. However, the mechanism of racial disparity in capital prosecution is now different. Due to political empowerment of nonwhites, local prosecutors in the South who once made race-conscious decisions concerning whom to prosecute for the death penalty now appear race neutral. Our findings point to unelected jurors rather than to elected prosecutors as the actors most culpable for racial bias in capital sentencing.

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defend (136), death (128), victim (115), capit (107), sentenc (102), prosecutor (102), case (77), race (69), decis (69), prosecut (67), nonwhit (65), penalti (63), racial (60), factor (59), white (57), north (50), state (50), carolina (50), punish (49), crimin (49), variabl (49),

Author's Keywords:

Keywords: Prosecutorial discretion, death penalty, capital punishment, judicial process, process theory, criminal justice, the South, capital sentencing, sentencing.
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Name: American Political Science Association
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http://www.apsanet.org


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MLA Citation:

Unah, Isaac. and Boger, John. "Race and the Process of Capital Punishment in the New South" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts, Aug 28, 2002 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p65960_index.html>

APA Citation:

Unah, I. and Boger, J. C. , 2002-08-28 "Race and the Process of Capital Punishment in the New South" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p65960_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Abstract
The process of determining recipients of capital punishment in the United States involves sequential stages of decision making by the prosecutor and jury. Despite this practical reality, most researchers have concentrated on the most visible part of capital prosecution--the outcome at the sentencing phase. We argue in favor of modeling capital punishment as a process by decomposing the various stages of decision making. Using homicide data from 1993 through 1997, with a rich set of variables, we analyze the politics of race and its potential influence in the application of capital punishment in the new South. Despite structural reforms to minimize its effects in capital sentencing, race still plays a crucial role in capital punishment after controlling for institutional legal factors. However, the mechanism of racial disparity in capital prosecution is now different. Due to political empowerment of nonwhites, local prosecutors in the South who once made race-conscious decisions concerning whom to prosecute for the death penalty now appear race neutral. Our findings point to unelected jurors rather than to elected prosecutors as the actors most culpable for racial bias in capital sentencing.

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Associated Document Available American Political Science Association
Associated Document Available Political Research Online

Document Type: .pdf
Page count: 50
Word count: 13191
Text sample:
Race and the Process of Capital Punishment in the New South Isaac Unah Assistant Professor of Political Science University of North Carolina Chapel Hill NC 27599­3265 unah@unc.edu John Charles Boger Professor of Law University of North Carolina jcboger@email.unc.edu September 8 2002 Presented at the annual meeting of the American Political Science Association Boston MA Sept. 31­­ Oct 3 2002. We thank David Baldus for his advice and eight UNC Law School graduates for coding our data. Chris Fitzsimon provided
­.050 .064 .91 Structural Factors Temporal Proximity to Prosecutor's Next Election ­.022 .062 1.04 Prosecutor's Political Affiliation (Republican) .094 .098 1.18 Prosecutor's Sex (Male) .832*** .295 4.47 Prosecutor's Race (Black) .311 .725 1.75 Public Defender ­.499 .260 .41 County Nonwhite Population ­.279 .643 .60 Constant ­1.655 1.554 .05 Note: This table represents the selection model for the entries reported in Table 2. Dependent variable =1 if prosecutor refused to negotiate a plea bargain 0 if prosecutor negotiates a plea


Similar Titles:
Race and the Death Penalty: The Determinants and Resilience of Attitudes toward Capital Punishment among Whites and African Americans

Race and the Death Penalty: The Effects of Minority Population Upon States' Capital Punishment Policies


 
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