Capital Sentencing In Kentucky, 2000–2010

Vito, Gennaro F.; Higgins, George E.; Vito, Anthony G.

doi:10.1007/s12103-014-9258-2

Cited by 10 publications

(5 citation statements)

References 25 publications

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“…Provided the central role of plea bargaining and largely unchecked discretion of prosecutors, it is essential to better understand how prosecutors use that discretion (e.g., Hartley & Tillyer, 2018; Pezdek, 2012; Pierce et al., 2014; Redlich et al., 2016; Vito et al., 2014). However, relatively little work has examined prosecutorial decision‐making generally, or with consideration of the influence of human psychology (Baumer, 2013; Hartley et al., 2007; Holmes et al., 1987; Spohn et al., 1987; Ulmer, 2012).…”

Section: Prosecutor Discretion and Plea Bargainingmentioning

confidence: 99%

“…Individuals who have previously been to prison are likely to agree to longer sentences from prosecutors, even when controlling for case severity, number of crimes, and other demographic information (Wemink et al., 2015). Both the race of the defendant and victim influences prosecutor's plea bargain offers, with harsher offers when the defendant is a person of color and the victim is white (Petersen, 2017; Pierce et al., 2014; Vito et al., 2014; Ward et al., 2016). A meta‐analysis performed by Wu (2016) concluded that people of color face greater odds of being charged or fully prosecuted than white individuals.…”

Section: Prosecutor Discretion and Plea Bargainingmentioning

confidence: 99%

“…Surveys of prosecutors find that their plea bargain decisions are based on case evidence, including the presence of eyewitnesses, DNA evidence, or a confession (McAllister, 1990; Pezdek, 2012; Pezdek & O'Brien, 2014; Redlich et al., 2016). These surveys also highlight the influence of victimology, such as the race or gender of the victim or the perpetrator's relationship with the victim (Pierce et al., 2014; Vito et al., 2014). Another commonly cited factor influencing plea bargain decisions are the various institutional contexts, including the norms of the prosecutor's specific office, sentencing guidelines, or pressure on the prosecutor to dispose of cases efficiently (Bowen, 2009; Piehl & Bushway, 2007; Worden, 1990).…”

Section: Prosecutor Discretion and Plea Bargainingmentioning

confidence: 99%

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Examining prosecutorial decision‐making in plea bargaining: An experimental paradigm in a community sample

Votruba

Tisdale

2021

Anal Soc Iss & Public Policy

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Scholars estimate that 90–95% of guilty pleas are the result of plea bargaining and there is a growing body of empirical research on plea bargain decision‐making. We use a new experimental paradigm that mimics prosecutors’ actual decision‐making processes to examine factors that influence plea bargaining decisions. Participants received a casefile detailing a theft from an electronics store. This casefile—fabricated to reflect one a prosecutor would actually receive—included a police report, witness statements, and a criminal history report. In these materials, we manipulated the defendant's motive, the severity of the crime, and the defendant's criminal history and measured the impact of these factors on participants’ decisions to offer a plea and the severity of the plea offers—operationalized as sentence offer length. The results indicated that the vast majority of the participants initially decided to offer a plea. The severity of the crime (operationalized as value of the theft) and defendant's criminal history impacted plea decisions, such that higher severity and a criminal history of theft increased the length of the sentence offer. Contrary to our hypothesis, the defendant's motive had no effect on plea offers. These results parallel current sentencing practices codified in law. Policy implications are discussed.

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Section: Prosecutor Discretion and Plea Bargainingmentioning

confidence: 99%

Section: Prosecutor Discretion and Plea Bargainingmentioning

confidence: 99%

Section: Prosecutor Discretion and Plea Bargainingmentioning

confidence: 99%

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Examining prosecutorial decision‐making in plea bargaining: An experimental paradigm in a community sample

Votruba

Tisdale

2021

Anal Soc Iss & Public Policy

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“…However, the fact that Whites (58.3%) accounted for the majority of death penalty commutations while Black offenders were most likely to be executed (55.2%) remains troubling. Given the recent history of documented racial bias in the administration of capital sentencing in Kentucky, a method to provide standards for granting clemency could provide another means of review to prevent discrimination and bias (Keil & Vito, 1995;Vito et al, 2014). The gubernatorial decision to grant clemency is standardless.…”

Section: Discussionmentioning

confidence: 99%

A Comparison of Executions and Death to Life Commutations in Kentucky, 1901–2019

Monahan¹,

Vito

2021

The Prison Journal

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This study examines the administration of capital punishment in Kentucky. Comparing execution and death to life commutation cases from 1901–2019, we consider the purpose of the commutation process and its utilization considering offender-victim relationships and the severity of the homicide as determined by the Barnett Scale. While a higher score on the Barnett Scale predicted execution, there remained a pattern of racial discrimination between the two decisions.

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“…Most research on the effects of victim gender finds that cases with female victims are more likely to result in prosecutors seeking the death penalty, and defendants receiving the death penalty (e.g. Lenza et al, 2005;Royer et al, 2014;Songer & Unah, 2006;Unah, 2011;Vito et al, 2014;Williams et al, 2008).…”

Section: Prior Research On Victim Gender and Racementioning

confidence: 99%

Racialized Victim Gender Differences in Capital Decision Making in Pennsylvania

2021

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The death penalty has historically been used to communicate moral outrage and fear about the murders of some kinds of victims more than others. A large body of research has inquired into the effects of defendant race, and to a lesser extent victim race in capital punishment. However, there is much less research on how victim gender influences capital punishment decisions, and even less research on how victim gender and race might intersect to influence such decisions. This study examines the role of victim gender and race in: prosecutors' decisions to seek the death penalty, prosecutors' decisions to retract death filings, and jury or judge decisions to sentence defendants to the death penalty. We utilize detailed data on first degree murder convictions in 18 Pennsylvania counties, 2000-2010. The intersecting gender and race of victims conditioned each of the death penalty outcomes. In addition, whether the victim had children conditioned the effects of victim gender/race.

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Capital Sentencing In Kentucky, 2000–2010

Cited by 10 publications

References 25 publications

Examining prosecutorial decision‐making in plea bargaining: An experimental paradigm in a community sample

Examining prosecutorial decision‐making in plea bargaining: An experimental paradigm in a community sample

A Comparison of Executions and Death to Life Commutations in Kentucky, 1901–2019

Racialized Victim Gender Differences in Capital Decision Making in Pennsylvania

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