Death Penalty Disposition in China: What Matters?

In theory, sentencing decisions should be driven by legal factors, not extra-legal factors. However, some empirical research on the death penalty in the United States shows significant relationships between offender and victim characteristics and death sentence decisions. Despite the fact that China frequently imposes death sentences, few studies have examined these sanctions to see if similar correlations occur in China's capital cases. Using data from published court cases in China involving three violent crimes-homicide, robbery, and intentional assault-this study examines the net impact of offender's gender, race, and victim-offender relationship on death sentence decisions in China. Our overall multiple regression results indicate that, after controlling for other legal and extra-legal variables, an offender's gender, race, and victim-offender relationship did not produce similar results in China when compared with those in the United States. In contrast, it is the legal factors that played the most significant role in influencing the death penalty decisions. The article concludes with explanations and speculations on the unique social, cultural, and legal conditions in China that may have contributed to these correlations.

Prosecutorial decision making in Taiwan: A partial test of Black's behavior of law.

Most prior studies have examined prosecutorial decision making from cognitive, organizational, and legal perspectives, with few studies applying a broad sociological model. This study attempts to address the gap by using Black's Behavior of Law as a theoretical framework to explicate prosecutorial behavior. With analysis of aggregate-level data from Taiwan for the period 1973 to 2005, the results partially support Black's propositions. Organization (martial law) and culture (educational attainment) are significantly associated with the levels of change in prosecutors' behavior in the directions hypothesized using Black's model. The remaining aspects of social life, however, do not have an effect on the prosecutors' decisions during the time frame. The findings suggest that mediating variables, such as the extent of governmental autocracy and control over legislative policy, need to be considered in explaining the behavior of law.

Covictims of capital murder: statements of victims' family members and friends made at the time of execution.

The death penalty is often touted as a punishment providing the only way to truly serve justice and offer closure for covictims (defined as family members or friends of murder victims'). These rationales are rarely structured around the actual words of these individuals, however. The findings in this study suggest that such rhetoric oversimplifies and often misrepresents the experiences and perspectives of covictims. Through their own words, we learn that the death penalty is not always the soothing salve for the pain and suffering of covictims we wish it to be. Rather, we find much more ambivalence and complexity in the statements of covictims. The impact of the death penalty and executions on covictims and their ability to attain healing and closure is not so clear cut. By presenting the actual words of capital murder covictims at the time of execution, this inductive, exploratory study provides a novel glimpse at the perspectives of these individuals and their perception of the death penalty process.