POLICE KILLINGS AND CAPITAL PUNISHMENT: THE POST-FURMAN PERIOD

In view of (1) escalating national attention and political and judicial activity centering on capital punishment during recent years and (2) concomitant changes in police killing rates, this paper investigates the impact of the death penalty on rates of lethal assaults against the police for the post- Furman period, 1973–1984. In keeping with recent investigations of deterrence and general homicides, multiple regression is used as a means of controlling for the influence of possible confounding variables in examining the capital punishment/police killings relationship. Consistent with previous investigations, the present analysis provides no indication that our national return to capital punishment since Furman has had a systematic impact on police homicides. Law enforcement officers are not afforded an added measure of protection in death penalty compared to abolitionist states, nor is there anything but a chance association between the rate of police killings and the level of use of the death sentence for convicted murderers.     

SUPPORT FOR THE SUPREME COURT AS A NATIONAL POLICYMAKER

The most frequent explanations for the endurance of the Supreme Court's policies and of its power as a national policymaker assume public reverence for the Court, widespread support for it as an institution, or broad-based agreement with its policies. Public opinion studies refute most of these assumptions. Our research confirms those studies and shows, in addition, that the Court cannot claim strong support among occasional political activists. It does, however, have a strong constituency among liberal activists and liberal position-holders. We hypothesize, therefore, that the Court's endurance as a national policymaker is explained by special support from one wing of the dominant party coalition that, because of its strategic location in the complex national policy process, is able to obstruct broadly-based attacks on the Court's authority and policy. Such attacks gain force, however, when critical elections alter the dominant party coalition and therefore weaken the hold of the Court's ideological allies. Yet even then—or at least so far—the Court and its policies have prevailed against various court curbing efforts.     

JAPANESE AND AMERICAN ATTITUDES TOWARD THE ABOLITION OF CAPITAL PUNISHMENT

Japanese and Americans are compared in terms of the extent each sample believes that capital punishment should be abolished, Blacks and white American females are more likely to approve of the abolition of capital punishment. No differences by sex were found in the Japanese sample. For both countries, those who are younger and more educated hold less punitive attitudes The Japanese as a whole are less likely than Americans to approve of the abolition of capital punishment. Problems found in cross-cultural secondary analysis are discussed.     

FELONY MURDER AND CAPITAL PUNISHMENT: AN EXAMINATION OF THE DETERRENCE QUESTION

A proper test of the deterrent effect of the death penalty must consider capital homicides. However, the criterion variable in most investigations has been total homicides—most of which bear no legal or theoretical relationship to capital punishment. To address this fundamental data problem, this investigation used Federal Bureau of Investigation data for 1976–1987 to examine the relationship between capital punishment and felony murder, the most common type of capital homicide. We conducted time series analyses of monthly felony murder rates, the frequency of executions, and the amount and type of television coverage of executions over the period. The analyses revealed occasional departures (for vehicle theft and narcotics killings) from the null hypotheses. However, on balance, and in line with the vast majority of capital punishment studies, this investigation found no consistent evidence that executions and the television coverage they receive are associated significantly with rates for total, index, or different types of felony murder.     

JUVENILITY AND PUNISHMENT: SENTENCING JUVENILES IN ADULT CRIMINAL COURT*

The study outlined in this article addressed a key limitation of prior research on the punishment of juveniles transferred to adult court by employing propensity score matching techniques to create more comparable samples of juvenile and young adult offenders. Using recent data from the Maryland State Commission on Criminal Sentencing Policy, it tested competing theoretical propositions about the salience of juvenile status in adult court. Findings indicate that even after rigorous statistical matching procedures, juvenile offenders are punished more severely than their young adult counterparts. We found no evidence that this “juvenile penalty” is exacerbated by an offender's race or gender, but it does vary starkly across offense type and mode of transfer, being driven primarily by drug crimes and discretionary waivers. The import of these findings is discussed as they relate to the future of juvenile justice policy regarding the continued use of juvenile transfer to adult court.     

TESTING THE DETERRENT EFFECT OF CAPITAL PUNISHMENT: A Reduced Form Approach

There are three principal alternative explanations for the dramatic rise in crime over the last 15 years: (I) the retirement of capital punishment; (2) socioeconomic trends; (3) random social shocks starring with the Kennedy assassination in 1963. This article reports a statistical test of the second of these explanations. On balance, the results are unfavorable to it. The statistical test involves the extrapolation of a predicted homicide rate obtained from a reduced form regression equation estimated over the capital punishment era into the postcapital punishment era. The predicted homicide rate (based on socioeconomic variables) continues the long-run secular decline pattern after 1962, while the actual homicide rote rises precipitously. The article concludes with a brief argument that the capital punishment moratorium seems somewhat more plausible than the social shock theory as an explanation for the crime increase.     

CONGRESS AND CAPITAL PUNISHMENT: An Exercise in Symbolic Politics

Even when federal authorities were legally empowered to impose a death sentence, the sanction was rarely carried out. Between 1930 and 1976, there were only 33 such executions. During the past decade, bills, both imposing and abolishing capital punishment, have been introduced repeatedly in the U.S. Congress. Furthermore, certain members of Congress have demonstrated intense interest in such efforts. The continued debate and interest is better explained by the symbolic rather than tangible components of such legislation. This article examines four aspects of the symbolic component of federal death penalty legislation: reassurance function, moral-educative function, model for the states, and the deterrence debate.     

RESEARCHING THE SUPREME COURT IN A DEMOCRATIC PLURALIST SYSTEM: Some Thoughts on New Directions

The political processes which invite research and the investment of associated resources are those identified as signiscant by the political theories to which we give credence. Though Democratic Pluralism is the most popular explanation of the political system in the United States, its ability to explain Supreme Court behavior cannot be evaluated, for observation of the processes by which Court agendas for national policy making purposes are constructed is not encouraged. The remedy lies in a new and broader perspective which directs attention to a number of institutional actions and incumbent behaviors until now slighted, if not ignored.     

RACIAL–ETHNIC INTOLERANCE AND SUPPORT FOR CAPITAL PUNISHMENT: A CROSS-NATIONAL COMPARISON*

This article tests cross-nationally the minority group threat thesis that public sentiments toward repressive crime-control policies reflect conflicted racial and ethnic relations. Using multiple data sets representing France, Belgium, the Netherlands, East and West Germany, Italy, Luxembourg, Denmark, Great Britain, Greece, Spain, Finland, Sweden, Austria, Canada, Ireland, and Portugal, we examine whether racial and ethnic intolerance—animus, resentments, or negative sentiments toward minorities—predicts greater support for the death penalty. Our results reveal that the respondents were significantly more likely to express support for capital punishment if they were racially or ethnically intolerant while controlling for other covariates of public opinion. These findings indicate that the link between support for capital punishment and racial and ethnic animus may occur universally in countries with conflicted racial and ethnic relations.