Sentencing outcomes, race, and victim impact evidence in california: A pre‐ and post‐payne comparison*

Abstract

This paper examines the effect of victim impact evidence in capital‐murder jury trials in California since the United States Supreme Court decided Payne v. Tennessee in 1991. Pursuant to Payne, prosecutors can use victim impact evidence in capital‐murder cases to encourage sentencing juries to impose death as an alternative punishment to life in prison without the possibility of parole. We analyzed 151 capital cases occurring in thirty‐six counties in California between 1989 and 1994. Our findings show that the presentation of victim impact evidence increases the likelihood of receiving a death sentence for some crimes. Secondly, our findings show that victim impact evidence has greater consequences for cases involving Latino defendants, and in cases involving nonwhite defendants and victims.