Race, Place, and Capital Charging in Georgia

18 Pages Posted: 4 Nov 2016 Last revised: 24 Nov 2016

See all articles by Sherod Thaxton

Sherod Thaxton

University of California, Los Angeles (UCLA) - School of Law

Date Written: 2016

Abstract

The U.S. Supreme Court has identified three types of constitutionally impermissible errors in the administration of capital punishment: arbitrariness, discrimination, and disproportionality. In this essay, I describe an empirically-anchored analytical framework for defining, identifying, and measuring these concepts. I then illustrate the usefulness of the framework by examining prosecutors' death penalty charging decisions in Georgia over an eight-year period. The results strongly suggest that prosecutorial decision-making in Georgia continues to be plagued by the very errors that led the Court to invalidate Georgia's capital punishment system forty years ago.

Keywords: capital punishment, death penalty, criminal law, criminal procedure

Suggested Citation

Thaxton, Sherod, Race, Place, and Capital Charging in Georgia (2016). Mercer Law Review, Vol. 67, No. 3 (2016). Available at SSRN: https://ssrn.com/abstract=2864160

Sherod Thaxton (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

HOME PAGE: http://law.ucla.edu/faculty/faculty-profiles/sherod-thaxton

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