Victim Character Evidence in Death Penalty Cases

Abstract

The U.S. Supreme Court’s Payne decision opening the door to victim impact testimony in capital cases generally, and to victim character evidence particularly, has been controversial. The issue is whether a murder victim’s character is relevant to the moral blameworthiness of the defendant. Several mock jury simulation studies have shown that such evidence does influence jury decisions imposing the death penalty. The current study took a different direction and examined the nature and extent of actual victim character testimony in samples of death penalty cases in three states. Data were derived from 14 transcripts of the penalty phase of trials in each of three states: California, New Jersey, and Texas, states with different political and legal climates. Content analysis revealed that there were numerous references to victims’ character in the form of positive personality traits, in addition to descriptions of the impact the crime had on the victims’ families and friends. Qualitative analysis revealed that many witnesses were allowed to use photos, videotapes, and other personal items to portray the victim’s life. What emerges from this inside view of practices in courtrooms is disturbing in that the evidence allowed seems to exceed Payne’s already meager limitations.