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Who Shall Live and Who Shall Die? An Analysis of Prisoners on Death Row in the United States

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  • Laura M. Argys
  • H. Naci Mocan

Abstract

Using data on the entire population of prisoners under a sentence of death in the United States between 1977 and 1997, this paper investigates the probability of transition from death row to various possible outcomes (execution, death by other causes, commutation, and overturned sentence or conviction) in any given year, as well as the probability of commutation when reaching the end of death row. The analyses control for personal characteristics and previous criminal record of death row inmates and a number of characteristics of the state where the inmate is in custody, inculding variables that measure the degree to which the political process enters into the final outcome in a death penalty case. The results show that who lives and who dies on death row depends on the race and gender of the inmate, the race and political affiliation of the governor, and whether the governor is a lame duck.

Suggested Citation

  • Laura M. Argys & H. Naci Mocan, 2004. "Who Shall Live and Who Shall Die? An Analysis of Prisoners on Death Row in the United States," The Journal of Legal Studies, University of Chicago Press, vol. 33(2), pages 255-282, June.
    • Handle: RePEc:ucp:jlstud:v:33:y:2004:p:255-282
    DOI: 10.1086/421570
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    References listed on IDEAS

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    1. Marvin E. Wolfgang & Marc Riedel, 1973. "Race, Judicial Discretion, and the Death Penalty," The ANNALS of the American Academy of Political and Social Science, , vol. 407(1), pages 119-133, May.
    2. Kubik, Jeffrey D & Moran, John R, 2003. "Lethal Elections: Gubernatorial Politics and the Timing of Executions," Journal of Law and Economics, University of Chicago Press, vol. 46(1), pages 1-25, April.
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    Cited by:

    1. Loureiro, Paulo R.A. & Mendonça, Mário Jorge Cardoso de & Moreira, Tito Belchior Silva & Sachsida, Adolfo, 2009. "Crime, economic conditions, social interactions and family heritage," International Review of Law and Economics, Elsevier, vol. 29(3), pages 202-209, September.
    2. Briggs Depew & Ozkan Eren & Naci Mocan, 2017. "Judges, Juveniles, and In-Group Bias," Journal of Law and Economics, University of Chicago Press, vol. 60(2), pages 209-239.
    3. Mariana Martínez & Fabio Sánchez T. & Holly Kosiewicz, 2007. "Is justice blind? An examination of disparities in homicide sentencing in Colombia, 1980-2000," Documentos CEDE 4460, Universidad de los Andes, Facultad de Economía, CEDE.
    4. Alberto Alesina & Eliana La Ferrara, 2014. "A Test of Racial Bias in Capital Sentencing," American Economic Review, American Economic Association, vol. 104(11), pages 3397-3433, November.
    5. Ozkan Eren & Naci Mocan, 2018. "Emotional Judges and Unlucky Juveniles," American Economic Journal: Applied Economics, American Economic Association, vol. 10(3), pages 171-205, July.
    6. Sarah Marx Quintanar, 2017. "Man vs. machine: An investigation of speeding ticket disparities based on gender and race," Journal of Applied Economics, Universidad del CEMA, vol. 20, pages 1-28, May.
    7. Mocan, H Naci & Gittings, R Kaj, 2003. "Getting Off Death Row: Commuted Sentences and the Deterrent Effect of Capital Punishment," Journal of Law and Economics, University of Chicago Press, vol. 46(2), pages 453-478, October.
    8. Wayne Geerling & Gary Magee & Vinod Mishra & Russell Smyth, 2018. "Hitler's Judges: Ideological Commitment and the Death Penalty in Nazi Germany," Economic Journal, Royal Economic Society, vol. 128(614), pages 2414-2449, September.
    9. Naci Mocan & Erdal Tekin, 2010. "Ugly Criminals," The Review of Economics and Statistics, MIT Press, vol. 92(1), pages 15-30, February.
    10. Naci Mocan & Kaj Gittings, 2010. "The Impact of Incentives on Human Behavior: Can We Make it Disappear? The Case of the Death Penalty," NBER Chapters, in: The Economics of Crime: Lessons For and From Latin America, pages 379-418, National Bureau of Economic Research, Inc.
    11. Samantha Bielen & Wim Marneffe & Naci H. Mocan, 2018. "Racial Bias and In-group Bias in Judicial Decisions: Evidence from Virtual Reality Courtrooms," NBER Working Papers 25355, National Bureau of Economic Research, Inc.
    12. H. Naci Mocan & R. Kaj Gittings, 2001. "Pardons, Executions and Homicide," NBER Working Papers 8639, National Bureau of Economic Research, Inc.
    13. William M. Landes & Richard A. Posner, 2009. "The Economics of Presidential Pardons and Commutations," The Journal of Legal Studies, University of Chicago Press, vol. 38(1), pages 61-88, January.

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    More about this item

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • J18 - Labor and Demographic Economics - - Demographic Economics - - - Public Policy

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