What They Say at the End: Capital Victims' Families and the Press

IF 2.5 2区 社会学 Q1 LAW
Samuel R. Gross, Daniel J. Matheson
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引用次数: 25

Abstract

News stories of executions now routinely include reports of statements by members of the victims' families. For this study we examined such reported statements for 138 executions in the United States, from 1999 through 2002. We also looked at a smaller set of reports of statements by family members of the victims after death-row defendants are exonerated and released; we found such reports in 34 of the 85 death-row exonerations from 1988 through mid-2002. Neither set of stories is anything like a representative sample of the reactions of the families of capital murder victims, and their content is distorted by the habits and biases of the media. Nonetheless, they provide an intriguing glimpse into the effects of capital punishment on some of those who are most directly affected by the underlying crimes. When a capital defendant is put to death, the most common reaction from the victim's family is relief that it happened, at last. Victims' relatives also frequently express satisfaction with the execution, sometimes in the impersonal terms of justice, sometimes as unabashed pleasure in revenge. They often complain about the long and tortuous route from sentence to execution, and many are particularly unhappy about the attention that is repeatedly focused on the defendants rather than the victims; some see the execution as an opportunity to redress that imbalance. Finally, many victims' relatives hope that at the point of death the killer will accept responsibility and apologize for his crimes, and that they will be able to forgive him. This does occasionally happen, but judging from these data it's uncommon; more often the relatives who hope for this conclusion are disappointed and hurt. In a disturbing number of cases - over 100 since 1973 - American defendants under sentence of death are exonerated and released. Judging from the stories we have found, most relatives of the victims refuse to accept this result and continue to believe that the exonerated defendants are guilty, sometimes in the face of overwhelming evidence. The relatives of the victims unambiguously accepted the innocence of the exonerated defendants in only 7 of the 34 capital exonerations in our study. These seven cases fall into two overlapping groups: cases in which the actual killer is identified (5 of 7), and cases in which the local police officers and prosecutors who investigated the crime now say that the defendant is innocent (5 of 7).
他们最后说了什么:死刑受害者家属和媒体
关于处决的新闻报道现在经常包括受害者家属的声明。在这项研究中,我们调查了美国从1999年到2002年的138例死刑的报告陈述。我们还研究了一小部分关于死刑犯被告无罪释放后受害者家属陈述的报告;从1988年到2002年中期,我们在85个死刑犯中发现了34个这样的报告。这两组故事都不像是死刑受害者家属反应的代表性样本,它们的内容被媒体的习惯和偏见扭曲了。尽管如此,它们还是提供了一个有趣的视角,让我们得以一窥死刑对一些最直接受到潜在罪行影响的人的影响。当一名死刑犯被判处死刑时,受害者家属最常见的反应是终于可以释然了。受害者家属也经常对处决表示满意,有时是客观的正义,有时是毫不掩饰的复仇快感。他们经常抱怨从判决到执行的漫长而曲折的过程,许多人尤其不高兴的是,人们的注意力一再集中在被告而不是受害者身上;一些人认为执行死刑是纠正这种不平衡的机会。最后,许多受害者的亲属希望,在死亡的时刻,凶手会承担责任,为他的罪行道歉,他们将能够原谅他。这种情况偶尔会发生,但从这些数据来看,这种情况并不常见;更多的时候,希望得到这个结论的家属会感到失望和受伤。在数量惊人的案件中——自1973年以来超过100起——被判处死刑的美国被告被宣告无罪释放。从我们发现的故事来看,大多数受害者的亲属拒绝接受这一结果,并继续相信无罪的被告是有罪的,有时面对压倒性的证据。在我们的研究中,34起死刑判决中,只有7起的受害者亲属明确承认被告无罪。这7起案件可分为两类重叠的案件:一是确定了实际凶手的案件(7起中有5起),二是调查案件的当地警察和检察官现在认为被告是无辜的案件(7起中有5起)。
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来源期刊
CiteScore
1.60
自引率
4.00%
发文量
0
期刊介绍: Founded in 1915, the Cornell Law Review is a student-run and student-edited journal that strives to publish novel scholarship that will have an immediate and lasting impact on the legal community. The Cornell Law Review publishes six issues annually consisting of articles, essays, book reviews, and student notes.
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