Life “With” Or “Without”? An Empirical Study of Homicide Sentencing

Michael O'Hear and Darren Wheelock

Journal of Empirical Legal Studies, 2021, vol. 18, issue 2, 377-420

Abstract: The number of Americans serving sentences of life without the possibility of parole (“LWOP”) has grown rapidly over the past generation and now exceeds 50,000. Yet, little empirical research has been conducted on the determinants of LWOP sentences. The dearth of research on LWOP sentencing stands in sharp contrast to the many dozens of studies that have been conducted on the determinants of death sentences–studies that have consistently found that race, gender, and other questionable factors may influence sentencing outcomes. The present study is the first to employ a similar methodology to identify both case‐ and county‐level variables that are correlated with the imposition of discretionary LWOP sentences. More specifically, we have assessed the relationship between fifty different variables and LWOP decisions in 450 homicide cases in Wisconsin between 2001 and 2018. In our final model, we find seven variables that are correlated with sentencing outcomes. Of particular note, we find that judge and prosecutor personal characteristics are statistically significant correlates of LWOP decisions. We also find a significantly greater likelihood that LWOP sentences will be imposed in counties that are more Republican. We conclude with a proposal for a new LWOP sentencing process that may help to ensure that this very severe sentence is reserved for the most serious crimes committed by the most dangerous defendants.

Date: 2021
References: Add references at CitEc
Citations:

Downloads: (external link)
https://doi.org/10.1111/jels.12281

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:wly:empleg:v:18:y:2021:i:2:p:377-420

Access Statistics for this article

More articles in Journal of Empirical Legal Studies from John Wiley & Sons
Bibliographic data for series maintained by Wiley Content Delivery ().