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Race and Ethnic Differences in Punishment and Death Sentence Outcomes: Empirical Analysis of Data on California, Florida and Texas, 1975-1995

NCJ Number
202498
Journal
Journal of Ethnicity in Criminal Justice Volume: 1 Issue: 1 Dated: 2003 Pages: 5-35
Author(s)
Martin G. Urbina
Date Published
2003
Length
31 pages
Annotation
This study used both tabular analysis and logistic regression analysis to measure the influence of various factors, including race/ethnicity, in death-sentence outcomes; the study's objective was to determine whether race/ethnicity had independent effects on unequal death-sentence outcomes after controlling for legal and sociodemographic factors.
Abstract
This paper first reviews past research on death-sentence outcomes, with a focus on studies that have included race/ethnicity in the analysis. The current study conducted logistic regression analysis on data from California, Florida, and Texas between 1985 and 1995. Using a U.S. Department of Justice, Bureau of Justice Statistics (1997) dataset, the study extended the analysis of executions, commutations, and overturned death sentences and/or convictions by the U.S. Supreme Court or State appellate court by exploring the role of race/ethnicity in distinctive contexts specified by sociodemographic variables and criminal history records. Factors other than race/ethnicity that were examined included State where the sentencing occurred, sex, education, marital status, age when the capital offense was committed, and prior felony convictions. The following five dichotomous dependent variables represented death-sentence outcomes: those executed versus those still sentenced to death in 1995; sentence commuted versus those executed, plus those still sentenced to death in 1995; capital sentence declared unconstitutional by State or U.S. Supreme Court versus those executed, plus those still sentenced to death in 1995; conviction affirmed, sentence overturned by appellate court versus those executed, plus those still sentenced to death in 1995; and conviction overturned by appellate court versus those executed, plus those still sentenced to death in 1995. The study found that death-sentence outcomes for African-Americans and Caucasians were not statistically significant in their differences; however, results for Latinos were statistically significant. Latinos who were under the death sentence in California, Florida, and Texas between 1975 and 1995 were less likely to have their death sentences declared unconstitutional by State or U.S. Supreme Court or reversed by an appellate court than both African-Americans and Caucasians. The findings also suggest that Latinos were less likely than African-Americans and Caucasians to have their convictions reversed by an appellate court during the 20-year period in all three States. Legal factors were found to be influential in final dispositions. Explanations for the findings are suggested. 2 tables, 10 notes, and 87 references