Abstract

This paper analyzes data on all inmates under a death sentence in the U.S. since 1972, to determine the effect of various factors on the time from sentence to execution, and the probability of execution. We find that over time the probability of execution is increasing, and the time to execution is declining. The probability of execution is greater for males and inmates with a high level of education, and may also be greater for those who were previously convicted of murder. There is no evidence of any effect of race. The fact that there are sharp differences between States within the same Federal Circuit with respect to both the likelihood of execution and waiting time, suggests that the lower federal courts play a relatively minor role in death penalty litigation.

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