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A Broken System: The Persistent Patterns of Reversals of Death Sentences in the United States

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  • Andrew Gelman
  • James S. Liebman
  • Valerie West
  • Alexander Kiss

Abstract

We collected data on the appeals process for all death sentences in U.S. states between 1973 and 1995. The reversal rate was high, with an estimated chance of at least two‐thirds that any death sentence would be overturned by a state or federal appeals court. Multilevel regression models fit to the data by state and year indicate that high reversal rates are strongly associated with higher death‐sentencing rates and lower rates of apprehending and imprisoning violent offenders. In light of our empirical findings, we discuss potential remedies including “streamlining” the appeals process and restricting the death penalty to the “worst of the worst” offenders.

Suggested Citation

  • Andrew Gelman & James S. Liebman & Valerie West & Alexander Kiss, 2004. "A Broken System: The Persistent Patterns of Reversals of Death Sentences in the United States," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(2), pages 209-261, July.
    • Handle: RePEc:wly:empleg:v:1:y:2004:i:2:p:209-261
    DOI: 10.1111/j.1740-1461.2004.00007.x
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    Cited by:

    1. James M. Snyder & David Stromberg & Claire S.H. Lim, 2010. "Measuring Media Influence on U.S. State Courts," 2010 Meeting Papers 1193, Society for Economic Dynamics.
    2. Claire Lim, 2009. "Turnover and Accountability of Appointed and Elected Judges," 2009 Meeting Papers 190, Society for Economic Dynamics.

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