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Race and the Decision to Seek the Death Penalty in Federal Cases, 1995-2000 [United States]
The purpose of this project was to examine possible defendant and victim race effects in capital decisions in the federal system. Per the terms of their grant, the researchers selected cases that were handled under the revised Death Penalty Protocol of 1995 and were processed during Attorney General Janet Reno's term in office. The researchers began the project by examining a sample of Department of Justice Capital Case Unit (CCU) case files. These files contained documents submitted by the United States Attorney's Office (USAO), a copy of the indictment, a copy of the Attorney General's Review Committee on Capital Cases (AGRC's) draft and final memorandum to the Attorney General (AG), and a copy of the AG's decision letter. Next, they created a list of the types of data that would be feasible and desirable to collect and constructed a case abstraction form and coding rules for recording data on victims, defendants, and case characteristics from the CCU's hard-copy case files. The record abstractors did not have access to information about defendant or victim gender or race. Victim and defendant race and gender data were obtained from the CCU's electronic files. Five specially trained coders used the case abstraction forms to record and enter salient information in the CCU hard-copy files into a database. Coders worked on only one case at a time. The resulting database contains 312 cases for which defendant- and victim-race data were available for the 94 federal judicial districts. These cases were received by the CCU between January 1, 1995 and July 31, 2000, and for which the AG at the time had made a decision about whether to seek the death penalty prior to December 31, 2000. The 312 cases includes a total of 652 defendants (see SAMPLING for cases not included). The AG made a seek/not-seek decision for 600 of the defendants, with the difference between the counts stemming mainly from defendants pleading guilty prior to the AG making a charging decision. The database was structured to allow researchers to examine two stages in the federal prosecution process, namely the USAO recommendation to seek or not to seek the death penalty and the final AG charging decision. Finally, dispositions (e.g., sentence imposed) were obtained for all but 12 of the defendants in the database. Variables include data about the defendants and victims such as age, gender, race/ethnicity, employment, education, marital status, and the relationship between the defendant and victim. Data are provided on the defendant's citizenship (United States citizen, not United States citizen), place of birth (United States born, foreign born), offense dates, statute code, counts for the ten most serious offenses committed, defendant histories of alcohol abuse, drug abuse, mental illness, physical or sexual abuse as a child, serious head injury, intelligence (IQ), or other claims made in the case. Information is included for up to 13 USAO assessments and 13 AGRC assessments of statutory and non-statutory aggravating factors and mitigating factors. Victim characteristics included living situation and other reported factors, such as being a good citizen, attending school, past abuse by the defendant, gross size difference between the victim and defendant, if the victim was pregnant, if the victim had a physical handicap, mental or emotional problems or developmental disability, and the victim's present or former status (e.g., police informant, prison inmate, law enforment officer). Data are also provided for up to 13 factors each regarding the place and nature of the killing, defendant motive, coperpetrators, weapons, injuries, witnesses, and forensic and other evidence.
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Investigation and Prosecution of Homicide Cases in the United States, 1995-2000: The Process for Federal Involvement
공공데이터포털
This study addressed questions related to potential geographic and racial disparity in the investigation and prosecution of federal capital cases and examined the process by which criminal cases, specially homicide cases, enter the federal criminal justice system. The primary method of data collection used was face-to-face interviews of key criminal justice officials within each district included in the study. Between 2000 and 2004, the researchers visited nine federal districts and interviewed all actors in the state and federal criminal justice systems who potentially would play a role in determining whether a homicide case was investigated and prosecuted in the state or federal systems. The study focused on homicide cases because federal homicides represented the offense of conviction in all capital case convictions in the federal system under the 2000 and 2001 DOJ reports (see U.S. Department of Justice, "The Federal Death Penalty System: A Statistical Survey (1988-2000)," Washington, DC: U.S. Department of Justice, September 12, 2000, and U.S. Department of Justice, "The Federal Death Penalty System: Supplementary Data, Analysis and Revised Protocols for Capital Case Review," Washington, DC: U.S. Department of Justice, June 6, 2001). In addition, federally related homicides are frequently involved with drug, gang, and/or organized crime investigations. Using 11 standardized interview protocols, developed in consultation with members of the project's advisory group, research staff interviewed local investigative agencies (police chief or his/her representative, section heads for homicide, drug, gang, or organized crime units as applicable to the agency structure), federal investigative agencies (Special Agent-in-Charge or designee, section heads of relevant units), local prosecutors (District Attorney, Assistant District Attorney, including the line attorneys and section heads), and defense attorneys who practiced in federal court. Due to the extensive number of issues to be covered with the U.S. Attorneys' Offices, interviews were conducted with: (1) the U.S. Attorney or designated representative, (2) section heads, and (3) Assistant U.S. Attorneys (AUSAs) within the respective sections. Because the U.S. Attorneys were appointed following the change in the U.S. Presidency in 2000, a slightly altered U.S. Attorney questionnaire was designed for interviews with the former U.S. Attorney who was in office during the study period of 1995 through 2000. In some instances, because the project focus was on issues and processes from 1995 through 2000, a second individual with longer tenure was chosen to be interviewed simultaneously when the head or section head was newer to the position. In some instances when a key respondent was unavailable during the site visit and no acceptable alternative could be identified, arrangements were made to complete the interview by telephone after the visit. The interviews included questions related to the nature of the local crime problem, agency crime priorities, perceived benefits of the federal over the local process, local and federal resources, nature and target of joint task forces, relationships between and among agencies, policy and agreements, definitions and understanding of federal jurisdiction, federal investigative strategies, case flow, and attitudes toward the death penalty.
Procedural Reform of Jury Murder Convictions in Georgia, 1970-1978
공공데이터포털
The purpose of this data collection was to assess the impact of the 1973 reforms of the death penalty laws on the levels of arbitrariness and discrimination in capital sentencing in Georgia. The data cover two different periods corresponding to the periods before and after the reform: 1970-1972 and 1973-1978. Numerous measures of defendant blameworthiness were developed as a basis for assessing levels of arbitrariness and discrimination in Georgia's capital charging and sentencing system. Specific variables include race, sex, current offense, prior conviction and arrests, method of killing, and number of victims.
Court Workforce Racial Diversity and Racial Justice in Criminal Case Outcomes in the United States, 2000-2005
공공데이터포털
The purpose of this study was to determine whether workgroup racial composition is related to sentence outcomes generally, and racial differences in sentencing in particular, across federal districts. This collection contains information on federal court district characteristics. Data include information about the social context, court context, and diversity of the courtroom workgroup for 90 federal judicial districts provided by 50 judicial district context variables.
Survey of Prosecutorial Response to Bias-Motivated Crime in the United States, 1994-1995
공공데이터포털
This national survey of prosecutors was undertaken to systematically gather information about the handling of bias or hate crime prosecutions in the United States. The goal was to use this information to identify needs and to enhance the ability of prosecutors to respond effectively to hate crimes by promoting effective practices. The survey aimed to address the following research questions: (1) What was the present level of bias crime prosecution in the United States? (2) What training had been provided to prosecutors to assist them in prosecuting hate- and bias-motivated crimes and what additional training would be beneficial? (3) What types of bias offenses were prosecuted in 1994-1995? (4) How were bias crime cases assigned and to what extent were bias crime cases given priority? and (5) What factors or issues inhibited a prosecutor's ability to prosecute bias crimes? In 1995, a national mail survey was sent to a stratified sample of prosecutor offices in three phases to solicit information about prosecutors' experiences with hate crimes. Questions were asked about size of jurisdiction, number of full-time staff, number of prosecutors and investigators assigned to bias crimes, and number of bias cases prosecuted. Additional questions measured training for bias-motivated crimes, such as whether staff received specialized training, whether there existed a written policy on bias crimes, how well prosecutors knew the bias statute, and whether there was a handbook on bias crime. Information elicited on case processing included the frequency with which certain criminal acts were charged and sentenced as bias crimes, the existence of a special bias unit, case tracking systems, preparation of witnesses, jury selection, and case disposition. Other topics specifically covered bias related to racial or ethnic differences, religious differences, sexual orientation, and violence against women.
Re-examination of the Criminal Deterrent Effects of Capital Punishment in the United States, 1978-1998
공공데이터포털
The purpose of this study was to estimate the deterrent effect of capital punishment by employing a methodology that accounted for model uncertainty by integrating various studies into a single coherent analysis. First, this study replicated the results from two previous studies, Dezhbakhsh, Rubin and Shepherd (2003) and Donohue and Wolfers (2005), that draw on the same data. Second, the researchers implemented model averaging methods using standard frequentist estimators to take a weighted average of the findings across all possible models that could explain the effect of the difference in crime rates under alternate laws. Each model's effect was weighted based on its ability to explain the data. Variables used in this study included deterrence variables as well as various demographic and economic control variables.
Racial Disparities in Virginia Felony Court Cases, 2007-2015
공공데이터포털
Research examining racial disparities in the court system has typically focused on only one of the discrete stages in the criminal process (the charging, conviction, or sentencing stages), with the majority of the literature focusing on the sentencing stage. The literature has thus largely ignored the key early decisions made by the prosecutor such as their decision to prosecute, the determination of preliminary charges, charge reductions, and plea negotiations. Further, the few studies that have examined whether racial disparities arise in prosecutorial charging decisions are rarely able to follow these cases all the way through the criminal court process. This project sought to expand the literature by using a dataset on felony cases filed in twelve Virginia counties between 2007 through 2015 whereby each criminal incident can be followed from the initial charge filing stage to the final disposition. Using each felony case as the unit of analysis, this data was used to evaluate whether African Americans and whites that are arrested for the same felony crimes have similar final case outcomes.
Multistate Analysis of Time Consumption in Capital Appeals, 1992-2002
공공데이터포털
Despite public controversy over the length of death penalty appeals, little empirical work has been done on the time allocated to the capital appeals process. The purpose of this study was to perform a multistate empirical analysis of the time expended in direct appeals of capital cases. The researchers included decisions from 14 states that they believed to be representative of the 37 states that have enforceable death penalty laws. For each of the 14 states included in the study, the researchers examined every capital case decided on direct appeal by the courts of last resort between the dates January 1, 1992, and December 31, 2002. The researchers developed a case database by examining a variety of sources. For each of the 1,676 cases in the multistate database, the research team collected time consumption data for each of the following five phases of the direct appeal process: (1) the postsentence stage, (2) the preparation stage, (3) the argument stage, (4) the decision stage, and (5) the supreme court stage. Variables include state, case characteristics, court opinion variables, dates, and time consumption variables.
Racialized Cues and Support for Justice Reinvestment: A Mixed-Method Study of Public Opinion, Boston, 2016
공공데이터포털
These data are part of NACJD's Fast Track Release and are distributed as they were received from the data depositor. The files have been zipped by NACJD for release, but not checked or processed except for the removal of direct identifiers. Users should refer to the accompanying readme file for a brief description of the files available with this collection and consult the investigator(s) if further information is needed. Within the past fifteen years, policymakers across the country have increasingly supported criminal justice reforms designed to reduce the scope of mass incarceration in favor of less costly, more evidence-based approaches to preventing and responding to crime. One of the primary reform efforts is the Justice Reinvestment Initiative (JRI), a public-private partnership through which state governments work to diagnose the primary drivers of their state incarceration rates, reform their sentencing policies to send fewer nonviolent offenders to prison, and reinvest the saved money that used to go into prisons into alternatives to incarceration, instead. This mixed-methods study sought to assess public opinion about the justice reinvestment paradigm of reform and to determine whether exposure to racialized and race-neutral cues affects people's willingness to allocate money into criminal justice institutions versus community-based social services in order to reduce and prevent crime.
Community Context and Sentencing Decisions in 39 Counties in the United States, 1998
공공데이터포털
This study aimed to understand the extent to which punishment is influenced by the larger social context in which it occurs by examining both the main and conditioning influence of community context on individual sentences. The primary research questions for this study were (1) Does community context affect sentencing outcomes for criminal defendants net of the influence of defendant and case characteristics? and (2) Does community context condition the influences of defendant age, race, and sex on sentencing outcomes? Data from the 1998 State Court Processing Statistics (SCPS) were merged with a unique county-level dataset that provided information on the characteristics of the counties in which defendants were adjudicated. County-level data included unemployment, crime rates, sex ratio, age structure, religious group affiliation, and political orientation.