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- Genre: Academic theses
Description
For the death penalty to be justified, it must be reserved for the worst of the worst. In his 2011 study of Connecticut's death penalty system, however, John Donohue found that arbitrariness and discrimination are defining features. Donohue's finding that non-white defendants whose victims were white are six times more likely to receive the death penalty indicates that race is more a predictor of a death sentence than the egregiousness of the crime. An analysis of capital sentencing outcomes in Maricopa County, Arizona reveals that the race of the victim is not related to the likelihood of receiving a death sentence, but the race of the defendant is. Use of Qualitative Comparative Analysis (QCA), logistic regression, and an egregiousness calculation are employed to analyze capital sentencing trial outcomes in Maricopa County from 2009 through 2011. This triangulated approach is applied to test three theoretically-derived models - the Donohue model, the Illinois Commission model, and the Functional model. The findings indicate that during the given time period in Maricopa County, the race of the defendant was statistically significant in cases with low to mid-levels of egregiousness, but was no longer significant in the most egregious cases. The results also reveal that the most egregious cases, typically indicated by the presence of a prior conviction and multiple victims, are nearly five times more likely to result in an outcome of death. While the results of this study are suggestive only, because of the small sample size and the relatively brief duration of time studied, the conclusions presented aim to provoke further inquiry into states' death penalty systems to address Donohue's allegation of unconstitutional application nationwide. Through a drastic reduction of death-eligibility factors, implementation of a transparent plea bargaining protocol in which the presence of certain aggravating factors preempts the possibility of a plea, and equal funding for prosecutor and defense offices, the death penalty in this country could begin to target the worst of the worst.
ContributorsTraywick, Margo (Author) / Provine, Doris Marie (Thesis advisor) / Baich, Dale (Committee member) / Martin, Nathan (Committee member) / Arizona State University (Publisher)
Created2012
Description
This exploratory qualitative study is the first to examine secondary trauma experiences among capital trial defense practitioners, including attorneys, mitigation specialists, paralegals, and investigators, who work as a team in representing indigent clients facing a charge of capital murder which may result in the death penalty. Death penalty jurisprudence has been critically examined in numerous ways, and the negative psychological effects on those who are involved in the process is one of the issues that limited studies have documented. However, no systemic investigation of secondary trauma associated with capital trial defense practice for indigent clients has been conducted to date, and this dissertation aims to address this gap in knowledge.
Data were collected through semi-structured individual interviews using an interview guide, which allows participants to express their experiences in their own words in depth, while the researcher can stay focused on the research questions of the study. Data were analyzed using a constructivist phenomenological approach, and thematic identifications were conducted under overarching categories that were closely related to research questions including (1) motivation to engage in capital trial defense practice for indigent clients, (2) challenges in defending clients who face the death penalty, (3) emotional reactions to clients receiving death verdicts, (4) effects of the stress on the practitioners, (5) coping strategies, and (6) support system.
The findings indicate that a significant number of the participants had secondary traumatic experiences because of their engagement in capital trial defense practice for indigent clients. A death verdict for clients was perceived as a traumatic experience by the participants because of their long-term empathetic engagement with their clients and their family members as well as the dehumanization against their clients in death penalty jurisprudence. The participants often experienced stigmatization in their communities that was associated with their work, while organizational support in recognizing their emotional pain and attendance to psychological needs was unavailable. The findings of this study suggest that the human cost of the death penalty should be re-examined and organizational effects be made to address the negative psychological effects associated with capital trial defense practice for indigent clients.
Data were collected through semi-structured individual interviews using an interview guide, which allows participants to express their experiences in their own words in depth, while the researcher can stay focused on the research questions of the study. Data were analyzed using a constructivist phenomenological approach, and thematic identifications were conducted under overarching categories that were closely related to research questions including (1) motivation to engage in capital trial defense practice for indigent clients, (2) challenges in defending clients who face the death penalty, (3) emotional reactions to clients receiving death verdicts, (4) effects of the stress on the practitioners, (5) coping strategies, and (6) support system.
The findings indicate that a significant number of the participants had secondary traumatic experiences because of their engagement in capital trial defense practice for indigent clients. A death verdict for clients was perceived as a traumatic experience by the participants because of their long-term empathetic engagement with their clients and their family members as well as the dehumanization against their clients in death penalty jurisprudence. The participants often experienced stigmatization in their communities that was associated with their work, while organizational support in recognizing their emotional pain and attendance to psychological needs was unavailable. The findings of this study suggest that the human cost of the death penalty should be re-examined and organizational effects be made to address the negative psychological effects associated with capital trial defense practice for indigent clients.
ContributorsTavassoli, Kyoko Yoshida (Author) / Holley, Lynn C (Thesis advisor) / MacEachron, Ann E. (Committee member) / Zayas, Luis E (Committee member) / Arizona State University (Publisher)
Created2016
Description
Although most Americans support capital punishment, many people have misconceptions about its efficacy and administration (e.g., that capital punishment deters crime). Can correcting people’s inaccurate attitudes change their support for the death penalty? If not, are there other strategies that might shift people’s attitudes about the death penalty? Some research suggests that statistical information can correct misconceptions about polarizing topics. Yet, statistics might be irrelevant if people support capital punishment for purely retributive reasons, suggesting other argumentative strategies may be more effective. In Study 1, I compared how two different interventions shifted attitudes towards the death penalty. In Studies 2 - 4 I examined what other attitudes shape endorsement of capital punishment, and used these findings to develop and test an educational intervention aimed at providing information about errors in the implementation of the death penalty. Altogether, these findings suggest that attitudes about capital punishment are based on more than just retributive motives, and that correcting misconceptions related to its administration and other relevant factors reduces support for the death penalty.
ContributorsMiske, Olivia Anne (Author) / Schweitzer, Nicholas J (Thesis advisor) / Horne, Zachary S (Thesis advisor) / Salerno, Jessica M (Committee member) / Arizona State University (Publisher)
Created2019