Volume 75, Number 1

April 2000

The Emotional Economy of Capital Sentencing

Stephen P. Garvey

What influences the emotional responses a juror has toward a capital defendant? Do a juror’s emotions affect how she votes? The prevailing wisdom claims that several features of the capital-trial penalty phase create emotional distance between jurors and defendants, which in turn increases the likelihood of a death sentence. In this Article, Professor Garvey surveys the emotional economy of capital sentencing, examining these questions and scrutinizing the prevailing wisdom.