Is Part of the Cure Part of the Disease? A Content Analysis of Arbitrariness Inducement in Capital Juror Sentencing Instructions

• In Event: Capital Punishment: Sentencing Issues and Controversies

Abstract

For over four decades, considerable debate has fulminated over arbitrariness in capital punishment. Despite the Supreme Court’s faith in Gregg that reformed statutes sufficiently dealt with the issue, capital punishment has remained largely arbitrary ever since. However, little research has scrutinized jury instructions, which are ostensibly meant to iron out arbitrariness, as a potential source. We content analyze jury instructions from 26 states to study the extent to which these directives invite or guard against capricious outcomes in capital sentencing decisions. Policy implications of the analysis are considered.

Authors

• Ryan A. Phillips, Eastern Kentucky University

• Kevin I. Minor, Eastern Kentucky University

• Jennifer L. Tilley, American University