Inconsistent Justice: Applying the Barnett Scale to Florida Captial Cases

• In Event: Unequal Justice: Capital Sentencing, Venue, and the Limits of Redress

Abstract

Racial disparities in the application of the death penalty have been a persistent issue in the American criminal justice system. A substantial body of research literature, beginning with the Baldus study, suggests that prosecutors are more likely to seek the death penalty in cases in which the defendant is Black and the victim is White. No less important, yet frequently overlooked are research studies that have evaluated the severity and circumstances of capital cases including the Barnett (1985) study. This research applies the Barnett Scale to death penalty cases in Florida that were decided between 1976- 2022. In employing the Barnett Scale, this research aims to identify potential inconsistencies in the application of the death penalty as it relates to race, victim characteristics, and aggravating factors.

Authors

• Savanna M. Bizzarro, University of South Carolina

• John Burrow, University of South Carolina