Vigilantism, Current Racial Threat, and Death Sentences
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Cleveland State University EngagedScholarship@CSU Sociology & Criminology Faculty Publications Sociology & Criminology Department 8-2007 Vigilantism, Current Racial Threat, and Death Sentences David Jacobs Ohio State University Stephanie L. Kent University of Nevada, Las Vegas Jason T. Carmichael Ohio State University - Main Campus Follow this and additional works at: https://engagedscholarship.csuohio.edu/clsoc_crim_facpub Part of the Criminology Commons How does access to this work benefit ou?y Let us know! Publisher's Statement This research was partially supported by National Science Foundation (NSF) grant #0417736. Repository Citation Jacobs, David; Kent, Stephanie L.; and Carmichael, Jason T., "Vigilantism, Current Racial Threat, and Death Sentences" (2007). Sociology & Criminology Faculty Publications. 108. https://engagedscholarship.csuohio.edu/clsoc_crim_facpub/108 This Article is brought to you for free and open access by the Sociology & Criminology Department at EngagedScholarship@CSU. It has been accepted for inclusion in Sociology & Criminology Faculty Publications by an authorized administrator of EngagedScholarship@CSU. For more information, please contact [email protected]. #2462-ASR 70:4 filename:70406-Jacobs Vigilantism, Current Racial Threat, and Death Sentences David Jacobs Jason T. Carmichael Ohio State University Ohio State University Stephanie L. Kent University of Nevada, Las Vegas Capital punishment is the most severe punishment, yet little is known about the social conditions that lead to death sentences. Racial threat explanations imply that this sanction will be imposed more often in jurisdictions with larger minority populations, but some scholars suggest that a tradition of vigilante violence leads to increased death sentences. This study tests the combined explanatory power of both accounts by assessing statistical interactions between past lynchings and the recent percentage of African Americans after political conditions and other plausible effects are held constant. Findings from count models based on different samples, data, and estimators suggest that racial threat and lynchings combine to produce increased death sentences, but the presence of liberal political values explains the absence of death sentences. These findings both confirm and refine the political version of conflict theory because they suggest that the effects of current racial threat and past vigilantism largely directed against newly freed slaves jointly contribute to current lethal but legal reactions to racial threat. s there a connection between lynchings and administered in a color-blind fashion, findings Irecent attempts to impose the death penalty? about offender race have been inconsistent (see Many studies have analyzed individual trial Dodge et al. 1990 and Paternoster 1991 for court decisions to discover whether racial dis- reviews). These studies, however, may be incon- crimination influences the likelihood of a death clusive because they ignore the remarkable his- sentence. After holding legal effects constant, tory of race relations in the United States. such as the severity of the crime and the offend- In comparison to other nations, U.S. race relations have been exceptionally antagonistic er’s prior convictions, these studies have used and violent (Myrdal 1944; Tocqueville [1935] offender race to explain death sentences. Despite 1948). After African American slaves were freed strong suspicions that the death penalty is not by a brutal Civil War, white citizens sought to maintain the prior racial caste system with ille- gal violence directed largely against ex-slaves. Direct all correspondence to David Jacobs, From 1882 to 1951, more than 4,600 persons Department of Sociology, 300 Bricker, 190 North were lynched (Tolnay and Beck 1996). Although Oval Mall, Ohio State University, Columbus, OH most of these acts took place in the South from 43210. The authors thank Bob Kaufman, Jim Moody, 1882 to 1930, many occurred in other regions Bob O’Brien, and Ruth Peterson for their helpful during this period. In the Jim Crow South, a set advice, and Stuart Tolnay and Andrew Hanssen for the data they supplied. All data used in this study and of social and legal codes enforced by legal coer- in unreported analyses mentioned in this article are cion and vigilantism ensured the separation of available on request. This research was partially sup- the races and almost complete black subjugation ported by National Science Foundation (NSF) grant (Wacquant 2000). Many scholars have claimed #0417736. that the current death penalty is a partial replace- #2462-ASR 70:4 filename:70406-Jacobs ment for vigilantism used in the past to main- likely to impose this sentence than others. We tain this caste system (Bowers 1984; Dollard begin to fill this gap in the literature by using 1957; Marable 2000; Phillips 1987). This claim pooled time-series, cross-sectional count mod- seems plausible because the states that once els that capture both jurisdictional differences had the highest lynching rates now appear to use in this outcome and shifts in the number of the death sentence most often (Zimring 2003). death sentences over time.1 We study death sen- Yet despite the extraordinary nature of this vio- tences rather than executions for important lence, the effects of lynchings have been infre- methodological reasons (see note 6), but also quently investigated. because the initial decisions to begin the death In this study we attempt to fill this gap by penalty process by prosecutors and trial courts focusing on whether the vigilantism used pri- are so important. Because single-factor expla- marily to control ex-slaves created an enduring nations are suspect, we assess many hypotheses, repressive tradition that continues to produce additional death sentences where lynchings had but this means the next section cannot deal with been most common. Theoretical accounts sug- the theoretical justifications for only a few gest that such explanations should matter. Stone explanations. (1987) claimed that the death penalty was used by powerful groups to protect their privileges THEORY with selective terror. Garland (1990) argued that criminal punishment is shaped not only by We expect that the historical residue of the ran- the amount or severity of crime, but also by corous and violent conflicts about slavery still perceptions about the menace of “problem pop- influences the ultimate criminal punishment. ulations.” According to conflict theorists, an To address this issue, we assess the combined important, but not the only, use of the law is to ability of lynchings and current black threat to control underclass populations who pose a threat explain recent death sentences. In additional to the current unequal social order. If criminal analyses, we discover whether this joint effect punishments are shaped partly by the menace of explains African American death sentences and a racial underclass whose members have much whether this effect accounts for these sentences to gain from violence used to take goods from in 10 southern states. We begin by discussing the privileged, a harsh punishment such as the lynchings and the reasons why this historical death sentence should be more likely where violence should continue to influence recent such threats are most severe. death sentences. We next spell out the theoret- We analyze recent death sentences to dis- ical grounds for expecting a connection between cover whether the vigilantism directed largely racial threat and criminal punishment. The last against blacks in the past and current racial part of this section presents the reasons for threats to white dominance attributable to larg- thinking that other effects should be held con- er black populations operate together to produce stant in the analyses. additional death sentences. Evidence for such a combined relationship between prior vigilan- tism and recent minority threat would support claims that the death sentence is currently 1 In 1972 in Furman the Supreme Court ruled that imposed partly because it is a legal and there- the death penalty was unconstitutional. In 1976, in fore more acceptable replacement for lynch- Gregg the Court reversed and upheld the constitu- ings. These considerations suggest that death tionality of guided discretionary statutes combined sentences should be especially likely in states with a separate sentencing procedure. To achieve with the largest minority populations that also cross trial court sentencing equity the Court required had a history of frequent vigilante violence. standardized instructions to juries listing aggravating or mitigating factors to be considered in the separate In light of the intense interest in the death penalty hearing (Paternoster 1991). Most death penal- penalty and the controversies about whether ty states then altered their statutes to meet these new this punishment is administered impartially, it requirements. We include period controls to capture is surprising that we know so little about the shifts in death sentences attributable to these decisions influence of race and the other social condi- and other unmeasured historical events that might tions that make some jurisdictions far more influence the results. #2462-ASR 70:4 filename:70406-Jacobs MINORITY THREAT, VIGILANTISM, interchangeability of legal and extralegal reac- AND DEATH SENTENCES tions to racial threat in the past are correct, a tra- dition of lethal vigilantism may still help LETHAL VIGILANTISM. A common dominant produce