Assertions of “future dangerousness” at federal capital sentencing: Rates and correlates of subsequent prison misconduct and violence

MD Cunningham, TJ Reidy, JR Sorensen - Law and Human Behavior, 2008 - Springer
Law and Human Behavior, 2008Springer
The federal prison disciplinary records of federal capital inmates (n= 145) who were
sentenced to life without possibility of release (LWOP) by plea bargain, pre-sentencing
withdrawal of the death penalty, or jury determination were retrospectively reviewed (M=
6.17 years post-admission). Disaggregated prevalence rates were inversely related to
infraction severity: serious infraction= 0.324, assaultive infraction= 0.207, serious assault=
0.09, assault with moderate injury= 0.007, assault with major injuries or death= 0.00 …
Abstract
The federal prison disciplinary records of federal capital inmates (n = 145) who were sentenced to life without possibility of release (LWOP) by plea bargain, pre-sentencing withdrawal of the death penalty, or jury determination were retrospectively reviewed (M = 6.17 years post-admission). Disaggregated prevalence rates were inversely related to infraction severity: serious infraction = 0.324, assaultive infraction = 0.207, serious assault = 0.09, assault with moderate injury = 0.007, assault with major injuries or death = 0.00. Frequency rates of misconduct were equivalent to other high-security federal inmates (n = 18,561), regardless of infraction severity. Government assertions of “future dangerousness” as a nonstatutory aggravating factor were not predictive of prison misconduct. These findings inform federal capital risk assessments and have public policy implications for procedural reliability in death penalty prosecutions.
Springer
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