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18 Colum. Hum. Rts. L. Rev. 211 (1986-1987)
Deathly Errors: Juror Misperceptions Concerning Parole in the Imposition of the Death Penalty

handle is hein.journals/colhr18 and id is 217 raw text is: Deathly Errors: Juror Misperceptions Concerning Parole in the Imposition of the Death Penalty Anthony Paduano* Clive A. Stafford Smith** One Thing is Certain, that Life Flies - One Thing is Certain, and the Rest is Lies. Edward Fitzgerald, The Ruba'yat of Omar Khayyam, Rf. 1, xxvi. Nothing, it seems, is worth what it used to be, and the criminal justice system's administration of capital punishment has not escaped unscathed. There was a time when a sentence of death meant swift execution and the only alternative, a sentence of life imprisonment, was imposed without hope of subsequent parole. Nowadays, however, in the evaluation of whether a capital defendant should live or die, the options are not as clearly defined for jurors as they once were. As a consequence, jurors in capital cases labor under the fundamental mis- perception that their verdict of either life or death will not count for much in the grand scheme of death penalty jurisprudence. It is the thesis of this Article that the typical juror at the sentencing phase of a capital trial perceives the imposition of a sentence of life imprisonment to mean there is a good chance that the capital defendant will in fact be released from prison on parole. In some states the typical capital juror believes that the capital murderer sentenced to life may go free in just seven years. The option of life to a typical juror means * A.B., Georgetown University (1979); M.Sc.Econ.Politics, London School of Economics (1981); J.D., Rutgers Law School (1984). Associate, Cahill Gordon & Reindel, New York City. ** B.A., University of North Carolina at Chapel Hill (1981); J.D., Columbia Law School (1984). Staff Attorney, Southern Prisoners' Defense Committee, Atlanta. The names of the authors are placed in alphabetical order. Materials not publicly available relied on herein are on file at the offices of the Southern Prisoners' Defense Committee, Atlanta.

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