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Discretion of Prosecutors, Judges, and Juries in Capital Cases

NCJ Number
87087
Journal
Criminal Justice Review Volume: 7 Issue: 2 Dated: (Fall 1982) Pages: 16-22
Author(s)
L A Foley; R S Powell
Date Published
1982
Length
7 pages
Annotation
This study examines the impact of legal and extralegal factors on the decisions of prosecutors, juries, and judges in first degree murder cases.
Abstract
The cases analyzed included all the first degree murder indictments in 21 of the 67 counties in Florida from 1972 through 1978. Data indicate that each of the three decisionmakers studied is influenced differently by legal and extralegal factors. The prosecutors' decisions to try cases were influenced by the defendant's sex, types of attorneys, and the existence of accomplices. Juries and judges were influenced by the offenders' sex. Judges were affected also by the victims' race despite the recommendation of juries not influenced by this factor. These results were obtained even when various legal and extralegal factors were controlled statistically. Study data and about 20 references are provided. (Author abstract modified)