THE VICISSITUDES OF DEATH BY DECREE - FORCES INFLUENCING CAPITAL-PUNISHMENT DECISION-MAKING IN STATE SUPREME COURTS

The political nature of the imposition of the death penalty in state s upreme courts is explored within the context of decision-making models that include judge-related and case-related forces as well as context ual variables, Pooled probit analysis is used to examine the votes of supreme court justices in six states (California, Kentucky, Louisiana, New Jersey, North Carolina, and Ohio) from 1980 through 1988 in the d eath penalty decisions issued by these courts. Justices' personal attr ibutes, victim characteristics, and crime characteristics are all foun d to exert a statistically discernible effect on judicial voting in ca pital cases. In essence, judgments of death in the United States conti nue to reflect strong political as well as legal considerations. Who r eviews a case can quite literally mean the difference between life imp risonment and death in capital cases, even with case features controll ed.