谁是最公正的?法官与陪审团死刑判决的分析

Who’s the Fairest in the Land? Analysis of Judge and Jury Death Penalty Decisions

Journal of Law & Economics · 2011
被引 16
人大 A-ABS 3

中文导读

利用Ring v. Arizona判决后的数据,比较法官与陪审团在死刑判决中的差异,发现陪审团更易受受害者及罪犯的年龄和种族影响,引发对陪审团量刑公平性的担忧。

Abstract

The fairness of the application of the death penalty has come under question in recent years, amid the growing number of minority death row inmates. In this study, the Supreme Court decision Ring v. Arizona, which changed the death penalty sentencing phase in 13 states, is used to identify the different case and defendant characteristics that affect the decision to apply the death penalty. Using data that link homicide incidents to defendant trial outcomes in states with the death penalty, estimates suggest that juries both are more likely to apply the death penalty than judges and are more influenced by the age and race of the victim and the offender. These results raise concerns over the recent shift from judicial- to jury-based sentencing in capital cases.

死刑判决陪审团法官种族差异被害人年龄