A Culture That Is Hard to Defend: Extralegal Factors in Federal Death Penalty Cases

46 Pages Posted: 30 Oct 2017

See all articles by Jon B. Gould

Jon B. Gould

American University - School of Public Affairs; American University - Washington College of Law

Kenneth Leon

George Washington University

Date Written: October 26, 2017

Abstract

At the height of the federal death penalty (1998-2004), there existed a floor of defense resources below which defendants had twice the chance of being sentenced to death at trial. Moreover, the lowest cost defenses had little to do with legal factors and instead reflected political, geographic, and cultural influences. Put another way, there were — and undoubtedly still are — systemic and systematic differences that make the provision of defense resources in federal capital cases arbitrary at best.

Suggested Citation

Gould, Jon B. and Leon, Kenneth, A Culture That Is Hard to Defend: Extralegal Factors in Federal Death Penalty Cases (October 26, 2017). Journal of Criminal Law and Criminology, Vol. 107, No. 4, 2017; American University School of Public Affairs Research Paper No. 3059979; American University, WCL Research Paper No. 2018-04. Available at SSRN: https://ssrn.com/abstract=3059979

Jon B. Gould (Contact Author)

American University - School of Public Affairs ( email )

Washington, DC 20016
United States

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

Kenneth Leon

George Washington University ( email )

2121 I Street NW
Washington, DC 20052
United States

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