ARTICLE ON JURY SENTENCING IN CAPITAL AND NON-CAPITAL CASES

A recent article by Nancy J. King 'How Different is Death? Jury Sentencing in Capital and Non-Capital Cases Compared' (2 Ohio St. J. Crim. L. 195-214-2004) is based on a recent study of felony jury sentencing in Kentucky, Virginia and Arkansas. There are 2 differences that stand out: In non-capital cases, state judges, prosecutors and legislatorshave incentive to structure state law and practice in order for jury sentencing to serve as a deterrent to jury trial. Secondly, the finality of death penalty has allowed courts to limit constitutional regulation of sentencing to death cases - non-death sentencing left to the states. The author concludes that jury sentencing in non-capital cases will remain unguided and unchanged while efforts are made to fine tune capital punishment.