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NCJRS Abstract

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NCJ Number: 10770 Find in a Library
Title: RACE, JUDICIAL DISCRETION, AND THE DEATH PENALTY
Journal: ANNALS OF THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE  Volume:407  Dated:(MAY 1973)  Pages:119-133
Author(s): M E WOLFGANG; M RIEDEL
Corporate Author: American Academy of Political and Social Science
United States of America
Date Published: 1973
Page Count: 15
Sponsoring Agency: American Academy of Political and Social Science
Philadelphia, PA 19104
Publication Number: U
Format: Document
Language: English
Country: United States of America
Annotation: RACIAL DISCRIMINATION IN THE IMPOSITION OF THE DEATH PENALTY FOR RAPE.
Abstract: SOME OF THE MAJOR ISSUES IN THE FURMAN V. GEORGIA CASE AND OTHER RELATED DECISIONS ARE PRESENTED. IN THESE CASES 'THE CONCURRING OPINIONS CONCLUDED THAT THE EXERCISE OF JURY DISCRETION IN IMPOSING THE DEATH PENALTY WAS CRUEL AND UNUSUAL PUNISHMENT BECAUSE OF ITS INFREQUENCY, ITS ARBITRARINESS, OR THE OPPORTUNITIES IT AFFORDED FOR DISCRIMINATION'. AFTER REVIEWING EARLIER STUDIES OF RACIAL DIFFERENTIALS IN SENTENCING, THE AUTHORS DISCUSS A STUDY OF SENTENCING FOR RAPE IN STATES WHERE THAT OFFENSE HAS BEEN A CAPITAL CRIME. THE AUTHORS CONCLUDE THAT 'THE SIGNIFICANT RACIAL DIFFERENTIALS FOUND IN THE IMPOSITION OF THE DEATH PENALTY ARE INDEED PRODUCED BY RACIAL DISCRIMINATION'.
Index Term(s): Behavioral and Social Sciences; Black/African Americans; Capital punishment; Cruel and unusual punishment; Discrimination; Judicial decisions; Judicial discretion; Judicial process; Juries; Rape; Sentencing/Sanctions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=10770

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