Life Without Parole Sentencing in North Carolina

44 Pages Posted: 29 Aug 2020 Last revised: 26 Oct 2020

See all articles by Brandon L. Garrett

Brandon L. Garrett

Duke University School of Law

Travis Seale-Carlisle

Duke University School of Law

Karima Modjadidi

Duke University School of Law

Kristen Renberg

Duke University School of Law; Duke University - Department of Political Science

Date Written: October 24, 2020

Abstract

What explains the puzzle of life without parole (LWOP) sentencing in the United States? In the past two decades, LWOP sentences have reached record highs, with over 50,000 prisoners serving LWOP. Yet during this same period, homicide rates have steadily declined. The U.S. Supreme Court has limited the use of juvenile LWOP in Eighth Amendment rulings. Further, death sentences have steeply declined, reaching record lows. Although research has examined drivers of incarceration patterns for certain sentences, there has been little research on LWOP imposition. To shed light on what might explain the sudden rise of LWOP, we examine characteristics of the more than 1,627 cases in which LWOP was imposed from 1995 to 2017, in North Carolina, one of the states that imposes the largest numbers of these sentences. We begin by analyzing defendant race, crime, and sentence patterns by county. We associate LWOP with homicide rates, and examine interactions between homicide, victim race, and prior LWOP sentencing. This first empirical analysis of adult LWOP sentences finds important local variations in its imposition. We find that as the homicide rate increases within a county, we observe fewer LWOP sentences. We find that fewer LWOP sentences are predicted to occur as the number of black victim homicides increase in a county, but no such relationship is found when considering the number of white victim homicides. Finally, we find a strong path dependency and concentration of LWOP sentences in counties, where counties that have imposed LWOP sentences in the past are more likely to continue to do so. These findings have implications for efforts to reconsider the most severe sentences in the U.S., and they suggest that prosecutorial discretion in seeking long sentences will be important subjects for future research and policy.

Keywords: Life without parole, sentencing, Eighth Amendment, prosecutorial discretion, race disparities, LWOP

Suggested Citation

Garrett, Brandon L. and Seale-Carlisle, Travis and Modjadidi, Karima and Renberg, Kristen, Life Without Parole Sentencing in North Carolina (October 24, 2020). North Carolina Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2020-54, Available at SSRN: https://ssrn.com/abstract=3552636

Brandon L. Garrett (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States
919-613-7090 (Phone)

HOME PAGE: http://www.brandonlgarrett.com/

Travis Seale-Carlisle

Duke University School of Law ( email )

Karima Modjadidi

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Kristen Renberg

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Duke University - Department of Political Science ( email )

140 Science Drive (Gross Hall), 2nd floor
Duke University Mailcode: 90204
Durham, NC 27708-0204
United States

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