By Frank R. Baumgartner 

I have compiled data from the FBI Supplemental Homicide Reports from 1976 through 2019 (the last data currently available) on homicides in Florida and in Duval County, and information about all death sentences imposed in those two jurisdictions since the modern system of capital punishment was created in Florida 1973. This consists of a record of 1,103 death sentences imposed state-wide and 112 in Duval County. The corresponding numbers of homicide offenders are 20,831 (state-wide) and 1,742 (Duval County). I have used this data to calculate rates of death sentences per 100 homicides, in Florida and in Duval County, by race of offender, race of victim, gender of offender, and gender of victim. This report begins by describing the race and gender information I collected and how often it was missing. It next presents a detailed table to document the figures used to calculate the rates of death sentences per 100 homicides in Florida and Duval. My narrative analysis of these tables follows, after which I give a similar analysis limited to those cases in Florida resulting in execution. As will be seen, I ultimately conclude that neither death sentences nor executions are applied in an equal manner; they are instead driven powerfully by the race and gender of the victim, with the highest rates of death sentencing and executions, both in Florida and Duval County, reserved for black offenders who kill white victims, and highest of all for black men who kill white women.  

Washington, DC: American Civil Liberties Union, 2023. 42p.

By Tim Lyman, Frank R. Baumgartner, and Glenn L. Pierce 

Out of 6,512 homicides from 1976 through 2014, we review the outcomes of 1,822 capitally charged homicide cases across eight judicial districts in Louisiana. In most cases, capital charges were reduced; but in 385 cases, the state sought death to the final stage of the prosecution. In 107 cases, a death sentence was imposed. We analyze these outcomes, looking at legally relevant factors, as well as legally irrelevant ones, in determining final capital charges and death sentences. Legally relevant factors include the number of victims as well as various statutory aggravating circumstances (e.g., victims under 12 or over 64, simultaneous felony circumstances, the type of weapon, and the relationship between the victim and offender). Legally irrelevant factors include the judicial district and the race and gender of the offenders and victims, respectively. Many legally relevant factors have powerful impacts: the number of victims, certain felony circumstances, child victims, and elderly victims are all associated with higher rates of final capital charging or death sentencing. But we also show that factors that appear legally irrelevant in theory have powerful effects; rates of capital prosecution and death sentencing are substantially different based on the race of the victim and the combined races of the offenders and the victims, for example. We found only modest differences across the eight judicial districts we studied, but especially significant differences in rates of final capital charges and death sentences in cases that involved white victims, particularly white females. No demographic combination was as likely to see a final capital charge or a death sentence as those cases with a black male offender and a white female victim, which were more than five times as likely to lead to a final capital charge or a death sentence, compared to the much more frequent crimes involving black offenders and black victims. These findings come after a review of the bivariate relations as well as a series of multivariate logistic regressions. The Louisiana death penalty system is heavily weighted by a tendency to seek the harshest penalties in those cases with white female victims. Our powerful and consistent findings of racial and gender-based disparities hold in a multivariate analysis and are inconsistent with the equal protection of the law or any common understanding of equality or justice. 

SUL Rev., 2021

By Caldwell, Ryan Ashley

Fallgirls provides an analysis of the abuses that took place at Abu Ghraib in terms of social theory, gender, and power, based on first-hand participant observations of the courts-martial of Lynndie England and Sabrina Harman. This book examines the trials themselves, including interactions with soldiers and defense teams, documents pertaining to the courts-martial, US government reports, and photographs from Abu Ghraib, in order to challenge the view that the abuses were carried out at the hands of a few rogue soldiers. With a keen focus on gender and sexuality as prominent aspects of the abuses themselves, as well as the ways in which they were portrayed and tried, Fallgirls engages with modern feminist thought and contemporary social theory in order to analyze the manner in which the abuses were framed, whilst also exploring the various lived realities of Abu Ghraib by both prisoners and soldiers alike.

Burlington, VT: Ashgate,  2012.