Assertions of "future dangerousness" at federal capital sentencing: rates and correlates of subsequent prison misconduct and violence.
The federal prison disciplinary records of federal capital inmates (n=145) who were sentenced to life without possibility of release (LWOP) by plea bargain, pre-sentencing withdrawal of the death penalty, or jury determination were retrospectively reviewed (M=6.17 years post-admission). Disaggregated prevalence rates were inversely related to infraction severity: serious infraction =0.324, assaultive infraction =0.207, serious assault =0.09, assault with moderate injury =0.007, assault with major injuries or death =0.00. Frequency rates of misconduct were equivalent to other high-security federal inmates (n=18,561), regardless of infraction severity. Government assertions of "future dangerousness" as a nonstatutory aggravating factor were not predictive of prison misconduct. These findings inform federal capital risk assessments and have public policy implications for procedural reliability in death penalty prosecutions.
Cunningham
Mark D
MD
mdc@marcdcunningham.com
Reidy
Thomas J
TJ
Sorensen
Jon R
JR
D000328:Adult; D002203:Capital Punishment; D005260:Female; D006801:Humans; D008297:Male; D011330:Prisons; D012189:Retrospective Studies; D018570:Risk Assessment; D014481:United States; D014754:Violence / Q000706:statistics & numerical data