Examining the Sentence of Life without Parole in Kentucky Homicide Cases

Abstract

This study examines the issue of prosecutorial discretion and the decision to offer a plea of life without parole (LWOP) in Kentucky death-eligible homicide cases (2000–2016). Using focal concerns theory as a framework and propensity score matching (PSM) and logistic regression as the methods of analysis, it attempts to explain the factors influencing prosecutorial discretion in the decision to grant a plea for LWOP with an emphasis on the role of race and gender or the victim and offender in this process. Among similarly situated cases, black offenders convicted of killing a white victim and those cases featuring a female victim were significantly more likely to receive a sentence of life without parole. Within the context of LWOP sentencing, the blameworthiness of a case was more significant than factors measuring the protection of the community.