Victim Gender and the Death Penalty

Authors

Caisa Elizabeth Royer, Cornell Law School
Amelia Courtney Hritz, Cornell Law School
Valerie P. Hans, Cornell Law SchoolFollow
Theodore Eisenberg, Cornell Law SchoolFollow
Martin T. Wells, Cornell UniversityFollow
John H. Blume, Cornell Law SchoolFollow
Sheri Lynn Johnson, Cornell Law SchoolFollow

Document Type

Article

Publication Date

Winter 2014

Keywords

Capital crimes, Capital sentences, Death sentences, Female victim effect, Victim gender, Victim race

Disciplines

Criminal Law | Criminal Procedure | Law and Gender

Abstract

Previous research suggests that cases involving female victims are more likely to result in death sentences. The current study examines possible reasons for this relationship using capital punishment data from the state of Delaware. Death was sought much more for murders of either male or female white victims compared to murders of black male victims. Analyzing capital sentencing hearings in Delaware from 1977-2007 decided by judges or juries, we found that both characteristics of the victims and characteristics of the murders differentiated male and female victim cases. The presence of sexual victimization, the method of killing, the relationship between the victim and the defendant, and whether or not the victim had family responsibilities all predicted the likelihood of a death sentence and help to explain why cases with female victims are more likely to be punished with a death sentence.

Recommended Citation

Royer, Caisa Elizabeth; Hritz, Amelia Courtney; Hans, Valerie P.; Eisenberg, Theodore; Wells, Martin T.; Blume, John H.; and Johnson, Sheri Lynn, "Victim Gender and the Death Penalty" (2014). Cornell Law Faculty Publications. 838.
https://scholarship.law.cornell.edu/facpub/838

Publication Citation

Published in: UMKC Law Review, Vol. 82, No. 2 (Winter 2014).