THE ROLE OF DECLARATIVE AND PROCEDURAL KNOWLEDGE IN CAPITAL MURDER SENTENCING

This paper identifies rational orderliness and moral appropriateness a s 2 norms that the United States Constitution requires for sentencing in capital murder trials. The courts convey these norms directly to ju rors through jury instructions in the penalty phase of capital murder trials. To follow the instructions, jurors require accurate declarativ e knowledge (rules of law) and procedural knowledge (processes require d to execute the rules) of state and federal sentencing law. Undergrad uate mock jurors showed low accuracy for both types of knowledge after reviewing and listening to pattern jury instructions. Participants fa iled to offset aggravating factors with mitigating circumstances as th e Missouri Approved Jury Instructions direct. The less knowledge that participants mastered about mitigation, the more certain they were of invoking the death penalty.