Law Commons^™

An Empirical Evaluation Of The Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, And Geographic Disparities?, John J. Donohue

John Donohue

This article analyzes the 205 death-eligible murders leading to homicide convictions in Connecticut from 1973–2007 to determine if discriminatory and arbitrary factors influenced capital outcomes. A regression analysis controlling for an array of legitimate factors relevant to the crime, defendant, and victim provides overwhelming evidence that minority defendants who kill white victims are capitally charged at substantially higher rates than minority defendants who kill minorities, that geography influences both capital charging and sentencing decisions (with the location of a crime in Waterbury being the single most potent influence on which death-eligible cases will lead to a sentence of death), and …

Why The Nra Fights Background Checks, John J. Donohue

John Donohue

"We think it's reasonable to provide mandatory instant criminal background checks for every sale at every gun show. No loopholes anywhere for anyone." Did President Barack Obama say that? No, that's from an advertisement taken out by the NRA in USA Today in 1999.

But a more powerful NRA today is in no mood to follow the slogan of their "be reasonable" ad campaign of 14 years ago. This relatively small group -- the NRA boasts that it has 4.5 million members, which is peanuts compared to the roughly 40 million AARP members -- might have the political power to …

Capital Punishment In Connecticut, 1973-2007: A Comprehensive Evaluation From 4686 Murders To One Execution, John J. Donohue

John Donohue

This study explores and evaluates the application of the death penalty in Connecticut from 1973 until 2007, a period during which 4686 murders were committed in the state. The objective is to assess whether the system operates lawfully and reasonably or is marred by arbitrariness, caprice, or discrimination. My empirical approach has three components. First, I provide background information on the overall numbers of murders, death sentences, and executions in Connecticut. The extreme infrequency with which the death penalty is administered in Connecticut raises a serious question as to whether the state’s death penalty regime is serving any legitimate social …

Substance Vs. Sideshows In The More Guns, Less Crime Debate: A Comment On Moody, Lott, And Marvell, John J. Donohue

John Donohue

We are grateful to authors Carlisle Moody, John Lott, and Thomas Marvell (hereafter MLM) for their close attention to our article “The Impact of Right-to- Carry Laws and the NRC Report: Lessons for the Empirical Evaluation of Law and Policy,” which was published in the American Law and Economics Review (Aneja, Donohue, and Zhang 2011), and then re-issued as a National Bureau of EconomicResearch working paper with some substantively unimportant errors corrected (Aneja, Donohue, and Zhang 2012). (Henceforth, we too will use the abbreviation ADZ to refer to our jointly authored work.) We think the attention to this work is …

John Donohue, When Social Sciences Save Lives, John J. Donohue

John Donohue

If you think academic work can’t be “emotionally draining”, meet John Donohue, the C. Wendell and Edith M. Carlsmith Professor of Law at Stanford Law School, who’s teaching law and economics at Bocconi as a short-term visiting professor. In the last six years his academic interests led him to the death rows of Connecticut prisons and his work is the main piece of evidence in a trial which will decide the fate of five inmates sentenced to death and perhaps of six more.

When Will America Wake Up To Gun Violence?, John J. Donohue

John Donohue

Last night's shooting rampage at a movie theater in Aurora, Colorado, was a nightmare. Authorities have

already arrested a suspect. Four weapons were recovered in the shooting scene, including a shotgun and two

handguns. Twelve people have been killed, with many more injured. According to law enforcement officials, the

weapons were purchased legally by the suspect in the last six months.

The shooting was senseless. And it makes us think once again about how we can address the horrific problem of

gun violence in America.

Time To Kill The Death Penalty, John J. Donohue

John Donohue

Forty years ago this week, the U.S. Supreme Court in Furman v. Georgia struck down the death penalty on the ground that it was applied in an arbitrary manner. Four years later, the Supreme Court accepted the constitutionality of “new and improved” death penalty statutes that were supposed to eliminate the defects condemned in Furman. In bringing back the death penalty in 1976, the Court also cited studies suggesting that executions save lives.

Four decades later, there is plenty of evidence that the death penalty continues to be applied in an unfair manner and not a shred of evidence that …

Study Shows Scales Of Justice Askew When It Comes To Death Penalty, John J. Donohue

John Donohue

A former Yale Law School professor's long-running study now concludes that while extremely rare, the death penalty is a largely random punishment that often hangs on the accused's race and where in Connecticut the crime took place. John Donohue, now at Stanford University, looked at the application of the death penalty between 1973 and 2007, examining and rating 205 cases during a period when 4,686 murders occurred in the state.

The Random Horror Of The Death Penalty, Ny Times Editorial Board

John Donohue

The Supreme Court has not banned capital punishment, as it should, but it has long held that the death penalty is unconstitutional if randomly imposed on a handful of people. An important new study based on capital cases in Connecticut provides powerful evidence that death sentences are haphazardly meted out, with virtually no connection to the heinousness of the crime.

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerationsjels, John J. Donohue

John Donohue

This article explores the relationship between the Americans with Disabilities Act (ADA) and the relative labor market outcomes for people with disabilities. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (PSID), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7,120 unique male household heads between the ages of 21 and 65, as well as for a subset of 1,437 individuals appearing every year from 1981 to 1996. Our analysis of the larger sample suggests …

Assessing Post-Ada Employment: Some Econometric Evidence And Policy Considerations, John J. Donohue

John Donohue

In this article, we offer innovative analysis and additional evidence on the relationship between the Americans with Disabilities Act (“ADA”) and the relative labor market outcomes for people with disabilities, the very class protected by its landmark provisions. Using individual-level longitudinal data from 1981 to 1996 derived from the previously unexploited Panel Study of Income Dynamics (“PSID”), we examine the possible effect of the ADA on (1) annual weeks worked; (2) annual earnings; and (3) hourly wages for a sample of 7120 unique male household heads between the ages of 21 and 65 as well as a subset of 1147 …

Testimony In Support Of Connecticut Senate Bill 1035 And House Bill 6425, Abolishing The Death Penalty (2011), John J. Donohue

John Donohue

In 1975, Isaac Ehrlich launched the modern econometric evaluation of the impact of the death penalty on the prevalence of murder with a controversial paper that concluded that each execution would lead to eight fewer homicides (Ehrlich 1975). A year later, the Supreme Court cited Ehrlich’s work in issuing an opinion ending the execution moratorium that had started with the 1972 decision in Furman v. Georgia. Today it is widely recognized that Ehrlich's national time-series methodology is too unreliable to be published in any economics journal.

Over the last few years, a number of highly technical papers have purported to …

Better Laws Might Have Helped In Tucson, John J. Donohue

John Donohue

In an ideal world, stable, cautious law-abiding citizens would have access to guns and others would not. We would like wise regulation and prudent personal decisions about carrying and using guns. Deciding on the elements of wise laws and consumer decisions requires extensive data analysis beyond any single episode, like the horrific killings in Tucson. But this tragedy highlights some relevant issues.

The Legal Response To Discrimination: Does Law Matter?, John J. Donohue

John Donohue

The topic of the legal response to discrimination is broad and growing. It includes everything from hate crime legislation and governmental prohibition of discrimination in the purchase of housing, cars, and loans, to restrictions on discrimination in the provision of government services and benefits as well as in employment.1 In the latter category alone, the body of law banning discrimination in the workplace has both deepened as the original prohibitions against discrimination on the basis of "race, color, religion, sex, or national origin" (Section 703(a)(1) of Tide VII of the Civil Rights Act of 1964) have been interpreted to prohibit …

Controlling Crime: Strategies And Tradeoffs, John J. Donohue

John Donohue

The United States stands out among developed nations for both its extremely punitive illegal drug policy and the high percentages of its population that have consumed banned substances—particularly marijuana and cocaine. The war against the millions of Americans who use and sell these drugs has cost taxpayers billions of dollars each year and contributed substantially to America’s globally unmatched incarceration rate (Walmsley 2009). Yet it has failed to displace America from among the world leaders in use rates for illegal drugs, even if escalating punitiveness may have contributed to declines in US drug consumption from its peaks in the late …

The Impact Of Right-To-Carry Laws And The Nrc Report: Lessons For The Empirical Evaluation Of Law And Policy, John J. Donohue

John Donohue

For over a decade, there has been a spirited academic debate over the impact on crime of laws that grant citizens the presumptive right to carry concealed handguns in public— so-called right-to-carry (RTC) laws. In 2005, the National Research Council (NRC) offered a critical evaluation of the ‘‘more guns, less crime’’ hypothesis using county-level crime data for the period 1977–2000. Seventeen of the eighteen NRC panel members essentially concluded that the existing research was inadequate to conclude that RTC laws increased or decreased crime. The final member of the panel, though, concluded that the NRC_s panel data regressions supported the …

Estimating The Impact Of The Death Penalty On Murder, John Donohue, Justin Wolfers

John Donohue

No abstract provided.

More Guns, Less Crime Fails Again: The Latest Evidence From 1977 – 2006, John Donohue, Ian Ayres

John Donohue

No abstract provided.

The Impact Of Legalized Abortion On Teen Childbearing, John Donohue, Jeffrey Grogger, Steven Levitt

John Donohue

No abstract provided.

Assessing The Relative Benefits Of Incarceration: The Overall Change Over The Previous Decades And The Benefits On The Margin, John Donohue

John Donohue

No abstract provided.

Introduction To The Death Penalty Symposium, John Donohue, Steven Shavell

John Donohue

No abstract provided.

Review Of The Road To Abolition, John J. Donohue

John Donohue

The two most important questions about the death penalty in the United States today are should we get rid of it and will we get rid of it? While he contributors to this important and interesting new book are unanimous that capital punishment should be abolished, opinions differ on whether abolition is likely to occur in the US any time soon, and if so, how.

If one wants to gain a deeper understanding of the effort to eliminate capital punishment in the U.S. over the last forty years, and what the future holds for this harsh feature of American exceptionalism, …

The Impact Of The Death Penalty On Murder, John J. Donohue

John Donohue

Both history and daily crime sheets underscore a depressing capacity for human violence and inhumanity. Some scholars feel that eliminating capital punishment would be a step toward reducing the toll of human suffering, whereas others feel that retaining the death penalty will prevent some murders at least. Kovandzic, Vieraitis, and Boots (2009, this issue) provide a comprehensive ordinary least-squares (OLS) state panel data assessment of the most recent postmoratorium data available and reach a strong conclusion that the death penalty does not deter murder. This article is an important piece in the complex jigsaw puzzle that will illuminate which factors …

Rethink The "War On Drugs", John J. Donohue

John Donohue

Crime is an issue that often seeps into Presidential elections in one form or another. Indeed, the Bush Administration has rolled back or undermined the two primary crime‐fighting initiatives of the Clinton Administration by allowing the 1994 federal ban on assault weapons to lapse, and by eliminating Clinton’s COPS program, which put tens of thousands of new police on the streets of American cities. Gun control is largely a dead letter, since the NRA has shown that it has the power to keep any type of gun in the hands of anyone who wants them, as well as the power …

The Discretion Of Judges And Corporate Executives: An Insider’S View Of The Disney Case, John J. Donohue

John Donohue

The widely publicized Disney case is perhaps the most important corporate law litigation in many decades. The case illustrates the immense discretion in the hands of trial judges in Delaware Chancery Court to let their passive corporate law ideology determine the outcome even in cases of egregious management neglect. Unfortunately, as managers, not shareholders, are the ones who decide where to incorporate and Delaware—the state of choice—depends on incorporation revenues to feed its coffers, too often this discretion is exercised to protect management at shareholder expense.

The Evolution Of Employment Discrimination Law In The 1990s: A Preliminary Empirical Investigation, John Donohue, Peter Siegelman

John Donohue

No abstract provided.

Further Evidence That Legalized Abortion Lowered Crime: A Reply To Joyce, John Donohue, Steven D. Levitt

John Donohue

No abstract provided.

Guns, Crime, And The Impact Of State Right-To-Carry Laws, John Donohue

John Donohue

No abstract provided.

Expert Witness Says Disney Had Cause To Fire President, John Donohue

John Donohue

The Walt Disney Company should have fired Michael S. Ovitz because of his "substantial and repeated dishonesty," a legal specialist testified yesterday in support of the shareholders who are suing Disney's directors over Mr. Ovitz's $140 million severance package.

Ovitz Performance In Disney Role Is Faulted At Trial, John Donohue

John Donohue

Former Walt Disney Co. President Michael Ovitz's job performance and spending habits came under attack during testimony in a Delaware court case, as an expert witness said Disney's directors could have fired Mr. Ovitz for cause, rather than giving him the no‐fault termination he received. John J. Donohue, a Yale University law professor and witness for a group of Disney shareholders, testified that his review of California law, of Mr. Ovitz's employment contract and of depositions in the case showed that Disney's board had the right not to grant Mr. Ovitz a no‐ fault termination, which resulted in an estimated …