Prosecutorial discretion in requesting the death penalty: A case of victim-based racial discrimination.

Prosecutorial discretion in requesting the death penalty: A case of victim-based racial discrimination.
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检察官请求死刑的自由裁量权:基于受害者的种族歧视案件。

DOI:
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发表时间:
1984
期刊:
影响因子:
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通讯作者:
R. Paternoster
R. Paternoster
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文献类型:
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作者:
R. Paternoster

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研究人员对 300 起涉及加重重罪的凶杀案的数据进行了审查,以确定哪些因素影响检察官寻求死刑的决定。研究发现,即使考虑到几个法律相关因素,受害人的种族与寻求死刑的决定也有显着相关。数据还显示,黑人杀害白人的可能性更大,而黑人杀害黑人的可能性则较小。将凶杀案细分为涉及单一加重重罪的凶杀案和涉及多项重罪的凶杀案表明,前一类凶杀案的种族影响更为强烈。有证据表明,种族影响的这种差异反映了不同的阈值
Data from 300 homicides involving an aggravating felony were examined to determine what factors influence the prosecutor's decision to seek the death penalty. It was found that the race of the victim was significantly related to the decision to seek the death penalty even when several legally relevant factors were taken into account. The data also revealed that black killers of whites were more likely and black killers of blacks less likely to have the death penalty requested. A breakdown of homicides into those involving a single aggravating felony and those involving multiple felonies revealed that racial effects were stronger in the former category. There was some evidence that this difference in the effects of race reflected a different threshold of