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A culture that is hard to defend: extralegal factors in federal death penalty cases

Descriptive

TypeOfResource
Text
TitleInfo
Title
A culture that is hard to defend: extralegal factors in federal death penalty cases
Name (type = personal)
NamePart (type = family)
Gould
NamePart (type = given)
Jon B.
Affiliation
American University
Role
RoleTerm (type = text); (authority = marcrt)
author
Name (type = personal); (authority = orcid); (authorityURI = http://id.loc.gov/vocabulary/identifiers/orcid.html); (valueURI = http://orcid.org/0000-0001-6754-6137)
NamePart (type = family)
Leon
NamePart (type = given)
Kenneth Sebastian
Affiliation
Latino & Hispanic Caribbean Studies, Rutgers University
Role
RoleTerm (type = text); (authority = marcrt)
author
Name (type = corporate); (authority = RutgersOrg-Department)
NamePart
Latino & Hispanic Caribbean Studies
Name (type = corporate); (authority = RutgersOrg-School)
NamePart
School of Arts and Sciences (SAS) (New Brunswick)
Genre (authority = RULIB-FS)
Article, Refereed
Genre (authority = NISO JAV)
Accepted Manuscript (AM)
Note (type = peerReview)
Peer reviewed
OriginInfo
DateCreated (encoding = w3cdtf); (qualifier = exact); (keyDate = yes)
2017
Abstract (type = Abstract)
Empirical research has exposed a troubling pattern of capital punishment in the United States, with extralegal factors such as race, class, and gender strongly correlated with the probability of a death sentence. Capital sentencing also shows significant geographic disparities, although existing research tends to be more descriptive than explanatory. This study offers an alternative conception of local legal culture to explain place-based variation in the outcomes of federal capital trials, accounting for the level of attorney time and expert resources granted by the federal courts to defend against a death sentence. Using frequentist and Bayesian methods—supplemented with expert interviews—we empirically assess the processes determining the total allocation of defense resources in federal death penalty trials at the peak of the federal death penalty—between 1998 and 2004. Our findings strongly connect extralegal factors to the lowest levels of defense resources, which in turn correlate with a higher risk of a death sentence. Far from being idiosyncratic discrepancies, these are systemic and systematic extralegal factors that stand between a defendant and his opportunity to defend against a death sentence. Ultimately, we argue for a reconceptualization of extralegal influences and the relationship between local legal culture and capital case outcomes.
Language
LanguageTerm (authority = ISO 639-3:2007); (type = text)
English
PhysicalDescription
InternetMediaType
application/pdf
Extent
1 online resource (69 pages)
Subject (authority = local)
Topic
Federal death penalty
Subject (authority = local)
Topic
Local legal culture
Subject (authority = local)
Topic
Capital punishment
Extension
DescriptiveEvent
Type
Citation
DateTime (encoding = w3cdtf)
2017
AssociatedObject
Name
Journal of Criminal Law and Criminology
Type
Journal
Relationship
Has part
Detail
643-686
Identifier (type = volume and issue)
107(4)
Reference (type = url)
https://jclc.law.northwestern.edu/issues/a-culture-that-is-hard-to-defend-extralegal-factors-in-federal-death-penalty-cases/
Extension
DescriptiveEvent
Type
Grant award
AssociatedEntity
Role
Funder
Name
National Science Foundation
RelatedItem (type = host)
TitleInfo
Title
Leon, Kenneth Sebastian
Identifier (type = local)
rucore30267700001
Location
PhysicalLocation (authority = marcorg); (displayLabel = Rutgers, The State University of New Jersey)
NjNbRU
Identifier (type = doi)
doi:10.7282/t3-12z2-nv97
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Rights

RightsDeclaration (AUTHORITY = FS); (TYPE = [FS] statement #1); (ID = rulibRdec0004)
Copyright for scholarly resources published in RUcore is retained by the copyright holder. By virtue of its appearance in this open access medium, you are free to use this resource, with proper attribution, in educational and other non-commercial settings. Other uses, such as reproduction or republication, may require the permission of the copyright holder.
Copyright
Status
Copyright protected
Availability
Status
Open
Reason
Permission or license
RightsEvent
Type
Permission or license
AssociatedObject
Type
License
Name
Multiple author license v. 1
Detail
I hereby grant to Rutgers, The State University of New Jersey (Rutgers) the non-exclusive right to retain, reproduce, and distribute the deposited work (Work) in whole or in part, in and from its electronic format, without fee. This agreement does not represent a transfer of copyright to Rutgers.Rutgers may make and keep more than one copy of the Work for purposes of security, backup, preservation, and access and may migrate the Work to any medium or format for the purpose of preservation and access in the future. Rutgers will not make any alteration, other than as allowed by this agreement, to the Work.I represent and warrant to Rutgers that the Work is my original work. I also represent that the Work does not, to the best of my knowledge, infringe or violate any rights of others.I further represent and warrant that I have obtained all necessary rights to permit Rutgers to reproduce and distribute the Work and that any third-party owned content is clearly identified and acknowledged within the Work.By granting this license, I acknowledge that I have read and agreed to the terms of this agreement and all related RUcore and Rutgers policies.
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Technical

RULTechMD (ID = TECHNICAL1)
ContentModel
Document
CreatingApplication
Version
1.7
DateCreated (point = end); (encoding = w3cdtf); (qualifier = exact)
2017-12-12T14:09:08
DateCreated (point = end); (encoding = w3cdtf); (qualifier = exact)
2019-07-28T16:17:45
ApplicationName
Prince 9.0 rev 5 (www.princexml.com)
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