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David C. Baldus

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253:(1987). The study looked primarily at the race of the victim in each murder case in order to evaluate the presence of racial discrimination in the sentencing process. The study also examined, to a lesser extent, the race of the defendant, in order to evaluate the presence of racial discrimination in the sentencing process. After evaluating the initial findings in the study, Baldus and his colleagues subjected their data to extensive analysis involving 230 variables that could have explained the findings on non-racial grounds. In one such analysis that subjected the data to 39 nonracial variables, Baldus found that defendants accused of killing white victims were 4.3 times more likely to receive the death penalty than defendants accused of killing black victims. This analysis also showed that black defendants were 1.1 times more likely than white defendants to receive the death penalty. Based on these findings, Baldus and his colleagues concluded that a black defendant accused of killing a white victim was more likely than any other type of defendant to receive the death penalty. These results were used by the defense in 329:) that the death penalty sentencing in his trial was influenced by racial discrimination. Baldus and his colleagues found in the charging and sentencing study that of the 2,484 cases studied, 128 defendants were given a sentence of the death penalty, meaning that 5% of all studied defendants were sentenced to death. The researchers also found that in cases where the victim was white, the death sentences was handed out at a rate 8.3 times higher than in cases where the victim was black. Finally, the study concluded that in cases with white victims and black defendant the death penalty was given out 21% of the time while in cases where both the victim and defendant were white the death penalty was given 8% of the time. 295:, the death penalty was given to black defendants 19% of the time and to white defendants 8% of the time. The death penalty was given to defendants with black victims 10% of the time and to defendants with white victims 18% of the time. From this data, the researchers concluded that the race of the victim was more influential than the race of the defendant in death penalty sentencing. It was also concluded that black defendants and defendants with white victims were given harsher punishments than other defendants convicted of the same crimes. 302:, Baldus and his fellow researchers found that the death penalty was given to 22% of white defendants and to 16% of black defendants. In trials where the victim was white the death penalty was given out 27% of the time and in trials where the victim was black the death penalty was given out 7% of the time. 310:
The charging and sentencing study placed its emphasis on the amount of influence that racial and other illegitimate case characteristics had on the progress of cases from the point of indictment up to the death penalty sentencing decision. The charging and sentencing study was conducted by request
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and assessed how reforms affected discrimination found in sentencing decisions. Baldus and his colleagues looked specifically at two aspects of the trial for the procedural reform study: whether or not the prosecutor chose to seek the death sentence after a capital murder conviction was obtained,
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to try to show that racial discrimination had played a role in the sentencing of Warren McCleskey. Two types of statistical studies were used in order to examine these murder trials: a procedural reform study and a charging and sentencing study.
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imposed a death sentence after the trial. The procedural reform study was conducted for purely academic reasons and the researchers had no intentions of using the results in actual murder trials.
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The purpose of the procedural reform study was to compare the procedure with which Georgia sentenced convicted murder defendants before and after
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which funded the study and which hoped to use the results from the study to challenge the death-penalty system in Georgia.
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In 1983 David C. Baldus, along with Charles A. Pulaski and George Woodworth, published a study examining the presence of
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in death penalty sentencing. The study analyzed over 2000 murder cases occurring in the state of
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The results of the charging and sentencing study were the basis of Warren McCleskey's appeal (
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The procedural reform study looked at murder trials which occurred both before and after
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Law Faculty. 2005. The University of Iowa College of Law, Iowa City, Iowa. 9 April 2009
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in the 1970s. The cases examined by Baldus all occurred between two
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Equal Justice and the Death Penalty: A Legal and Empirical Analysis
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Baldus, David C.; Pulaski, Charles A.; Woodworth, George (1990).
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Baldus, David C.; Pulaski, Charles; Woodworth, George (1983).
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The Death Penalty in America: Current Controversies
134: 120: 115: 99: 62: 43: 28: 21: 464: 494: 492: 471:. New York: Oxford University Press. p.  8: 18: 639:University of Iowa College of Law faculty 439:. Boston: Northeastern University Press. 458: 456: 402:Journal of Criminal Law and Criminology 337: 634:American anti–death penalty activists 16:American professor of law (1935-2011) 7: 649:People from Wheeling, West Virginia 225:Equal justice and the death penalty 14: 298:In murder trials occurring after 624:University of Pittsburgh alumni 189:in 1962. He went on to attend 1: 306:Charging and sentencing study 185:(Political Science) from the 205:in Pittsburgh from 1964–68. 644:United States Army officers 239:United States Supreme Court 665: 463:Bedau, Hugo Adam (1997). 241:cases involving Georgia: 148: 144: 111: 107: 619:Dartmouth College alumni 187:University of Pittsburgh 177:(Government Major) from 155:David Christopher Baldus 76:University of Pittsburgh 23:David Christopher Baldus 275:and whether or not the 262:Procedural reform study 36:Wheeling, West Virginia 629:Yale Law School alumni 165:in the United States. 231:racial discrimination 214:Army Security Agency 173:Baldus received his 580:(1990), p. 45. 355:The New York Times 159:University of Iowa 139:University of Iowa 482:978-0-19-510438-7 446:978-1-55553-056-3 348:(June 14, 2011). 326:McCleskey v. Kemp 300:Furman v. Georgia 293:Furman v. Georgia 289:Furman v. Georgia 272:Furman v. Georgia 268:Furman v. Georgia 255:McCleskey v. Kemp 250:McCleskey v. Kemp 244:Furman v. Georgia 179:Dartmouth College 152: 151: 67:Dartmouth College 656: 594: 587: 581: 574: 568: 561: 555: 548: 542: 535: 529: 522: 516: 509: 503: 496: 487: 486: 470: 460: 451: 450: 432: 426: 425: 393: 387: 385: 383: 382: 373:. Archived from 366: 360: 359: 342: 175:Bachelor of Arts 50: 19: 664: 663: 659: 658: 657: 655: 654: 653: 599: 598: 597: 593:(1990), p. 314. 588: 584: 575: 571: 562: 558: 549: 545: 541:(1990), p. 150. 536: 532: 528:(1990), p. 141. 523: 519: 510: 506: 497: 490: 483: 462: 461: 454: 447: 434: 433: 429: 414:10.2307/1143133 395: 394: 390: 380: 378: 369: 367: 363: 344: 343: 339: 335: 321: 308: 285: 264: 227: 222: 208:He served as a 191:Yale Law School 171: 85:Yale University 83: 74: 58: 55:Iowa City, Iowa 52: 48: 39: 33: 24: 17: 12: 11: 5: 662: 660: 652: 651: 646: 641: 636: 631: 626: 621: 616: 611: 601: 600: 596: 595: 582: 569: 567:(1990), p. 44. 556: 554:(1990), p. 45. 543: 530: 517: 515:(1990), p. 42. 504: 488: 481: 452: 445: 427: 408:(3): 661–753. 388: 361: 336: 334: 331: 320: 317: 307: 304: 284: 281: 263: 260: 226: 223: 221: 218: 216:from 1958–59. 197:in 1964 and a 183:Master of Arts 170: 167: 150: 149: 146: 145: 142: 141: 136: 132: 131: 122: 118: 117: 113: 112: 109: 108: 105: 104: 103:"Baldus study" 101: 100:Known for 97: 96: 64: 60: 59: 53: 51:(aged 75) 45: 41: 40: 34: 30: 26: 25: 22: 15: 13: 10: 9: 6: 4: 3: 2: 661: 650: 647: 645: 642: 640: 637: 635: 632: 630: 627: 625: 622: 620: 617: 615: 612: 610: 607: 606: 604: 592: 586: 583: 579: 573: 570: 566: 560: 557: 553: 547: 544: 540: 534: 531: 527: 521: 518: 514: 508: 505: 501: 495: 493: 489: 484: 478: 474: 469: 468: 459: 457: 453: 448: 442: 438: 431: 428: 423: 419: 415: 411: 407: 403: 399: 392: 389: 377:on 2009-08-04 376: 372: 365: 362: 357: 356: 351: 347: 341: 338: 332: 330: 328: 327: 318: 316: 314: 305: 303: 301: 296: 294: 290: 282: 280: 278: 273: 269: 261: 259: 256: 252: 251: 246: 245: 240: 236: 232: 224: 219: 217: 215: 211: 206: 204: 203:practiced law 200: 196: 192: 188: 184: 181:in 1957, his 180: 176: 168: 166: 164: 163:death penalty 160: 156: 147: 143: 140: 137: 133: 130: 126: 125:Legal studies 123: 119: 116:Academic work 114: 110: 106: 102: 98: 94: 90: 86: 81: 77: 72: 68: 65: 61: 56: 47:June 13, 2011 46: 42: 37: 32:June 23, 1935 31: 27: 20: 590: 585: 577: 572: 564: 559: 551: 546: 538: 533: 525: 520: 512: 507: 502:(1990, p. 2. 499: 466: 436: 430: 405: 401: 391: 379:. Retrieved 375:the original 364: 353: 340: 324: 322: 309: 299: 297: 292: 288: 286: 271: 267: 265: 254: 248: 242: 228: 207: 201:in 1969. He 193:, earning a 172: 154: 153: 135:Institutions 49:(2011-06-13) 614:2011 deaths 609:1935 births 346:Adam Liptak 247:(1972) and 603:Categories 381:2009-04-10 333:References 210:Lieutenant 121:Discipline 311:from the 169:Biography 129:Sociology 63:Education 220:Research 212:for the 589:Baldus 576:Baldus 563:Baldus 550:Baldus 537:Baldus 524:Baldus 511:Baldus 498:Baldus 422:1143133 319:Results 283:Results 235:Georgia 591:et al. 578:et al. 565:et al. 552:et al. 539:et al. 526:et al. 513:et al. 500:et al. 479:  443:  420:  57:, U.S. 38:, U.S. 418:JSTOR 313:NAACP 199:LL.M. 195:LL.B. 477:ISBN 441:ISBN 277:jury 44:Died 29:Born 473:254 410:doi 93:LLM 89:LLB 605:: 491:^ 475:. 455:^ 416:. 406:74 404:. 400:. 352:. 127:, 91:, 80:MA 71:BA 485:. 449:. 424:. 412:: 386:. 384:. 358:. 95:) 87:( 82:) 78:( 73:) 69:(

Index

Wheeling, West Virginia
Iowa City, Iowa
Dartmouth College
BA
University of Pittsburgh
MA
Yale University
LLB
LLM
Legal studies
Sociology
University of Iowa
University of Iowa
death penalty
Bachelor of Arts
Dartmouth College
Master of Arts
University of Pittsburgh
Yale Law School
LL.B.
LL.M.
practiced law
Lieutenant
Army Security Agency
racial discrimination
Georgia
United States Supreme Court
Furman v. Georgia
McCleskey v. Kemp
jury

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