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But Professor Eisenberg emphasized that the sentencing rate is independently significant.
The states with more objective standards, including Texas, have an average sentencing rate of 1.9percentthethe states with more subjective standards have an average sentencing rate of 2.7percentt.
The overrides in Alabama contributed to the highest per capita death sentencing rate in the nation, far outstripping Texas.
At the most general level, though, what little effect the defendant's race appeared to have on the sentencing rate operated in favor of black defendants.
The difference between the sentencing rate in Texas, which trails the national average, and the execution rate, which exceeds it, suggests that what takes place after convictions accounts for Texas's reputation.
The availability of life without parole as an alternative to a death penalty did not correlate with a lower death sentencing rate, a conclusion that the authors wrote was "opposite to the expected effect".
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Nor did Southern states have higher death sentencing rates than the rest of the country.
The study considered several explanations for the range in sentencing rates, which is less than 1percentt in Colorado, Maryland, New Mexico and Washington State and more than 4percentt in Arizona, Idaho, Delaware, Oklahoma and Nevada.
It also limits the number of passengers on a motorbike to one adult and one child, raises fines for drunk driving and ups sentencing rates for offenders.
The report separates conviction and sentencing rates by comparable offences and pleas, excluding the possibility of the data being inaccurately skewed.
For example, Texas, which in the public's mind tops the most-likely-to-execute list, has plenty of competition from other states when it comes to percentage of murderers on death row and sentencing rates.
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