Equal Justice and the Death Penalty: A Legal and Empirical Analysis

accompanying text appear arbitrariness average black defendants black-victim capital murder capital punishment capital-sentencing system cert circuits CODE coefficient comparatively excessive coperpetrator crime culpability index Culpability Level culpability scores death penalty death sentences imposed death-eligible death-sentence death-sentencing rates death-sentencing system defendant's denied Eighth Amendment estimated evenhanded evidence excessive death sentences felony Fulton County Furman Georgia Supreme Court Gregg homicide included indicates infra app jury decisions Justice killing legitimate case characteristics life-sentence logistic logistic-regression McCleskey McCleskey's measure mitigating circumstances number of death odds multiplier offense opinion overall penalty trial penalty-trial percent percentage points post-Furman period pre-Furman priors rob B2 proportionality review prosecutorial decisions prosecutors and juries race race-of-defendant effect race-of-victim disparities race-of-victim effects receiving a death regression sample seek a death sentencing rates shot similar statistically significant statute statutory aggravating circumstances suggest supra chap supra note Table tences variables victim victim effect voluntary manslaughter white defendants white-victim