Appendix E: Description of Explanatory Variables*

The variables listed below are used in one or more of our regression analyses (Analyses 1-19). The codes in the left column are used to report information about the relevant variable in the descriptive statistics in Appendix F and in the detailed regression results in Appendix G.

agg_mit An additive scale of aggravating and mitigating circumstances. Each of 16 possible aggravating circumstances that was present in the federal habeas case was assigned a value of 1. Each of 12 possible mitigating circumstances that was present in the case was assigned a value of -1. This variable is the sum of those aggravating and mitigating circumstance values.

bltot, bltotst

The number of death verdicts imposed in the state in the relevant year that were awaiting court review (i.e., were backlogged) as of the end of the study period. For Analyses 16 and 17, bltotst is the state's mean capital backlog during the study period.

blkpctst

The average percent of the state's population comprised of African-Americans during the study period.
claimno

The number of claims (grounds for relief) presented by the habeas petitioner at the final stage of federal habeas review at which there was a decision on the merits.

cntydor2

The county's number of death verdicts per 1000 homicides. Homicides are taken as a two-year average of the year of the death sentence and the prior year. When there are no death sentences in the year of the death sentence, or the prior year, the average is lagged by a year. For Analyses 16 and 17, cntydor2 is the county's mean number of death verdicts per 1000 homicides (calculated as described above) during the study period.

dir_exrt

The state's direct expenditures on its court system per 100,000 population.

dlos_ffd

A binary measure, coded 1 for federal habeas petitioners represented by a lawyer from out of state at the final stage of federal habeas review at which there was a decision on the merits, and coded 0 for petitioners not represented by an out-of-state lawyer at that stage.
dor, dorst The state's number of death verdicts per 1000 homicides. For Analyses 16 and 17, dorst is each state's mean number of death verdicts per 1000 homicides during the study period.
dswvrt The state's number of death verdicts imposed for offenses against at least one white victim per 100 white homicide victims.
fac_csld

A principal component factor (combined measure) of the state's rate of court case backlogs (civil cases, criminal cases, felony cases, total cases (rgrtbklg)) awaiting decision in the state's courts. Each component of the factor is a static measure estimated as filings minus dispositions averaged over the 10-year period (1985-1995) in which data are available. This variable measures court backlogs caused by all, not simply capital or criminal, cases.

facvic2l

&#A principal component factor (combined measure) of the log of the state's number of death verdicts imposed for offenses against at least one white victim per 100 white homicide victims (dswvrt), and the log of the percent of death verdicts imposed for homicides against at least one white victim divided by the percentage of all homicide victims in the state who are white (wvdsst).

fac_welf

&#A principal component factor (combined measure) of the number of welfare recipients per 100,000 population, and the amount of expenditures on welfare per 100,000 population.

feh2

A binary measure coded 1 for federal habeas cases in which a federal evidentiary hearing was held prior to final federal habeas review, and coded 0 for federal habeas cases in which no federal evidentiary hearing was held.

hrst

&#The state's number of homicides per 100,000 population.

hr2

The county's number of homicides per 100,000 population.

pcbl

The number of death verdicts imposed in the state in the relevant year that had not been finally reviewed at the state post-conviction stage as of the end of the study period. For the reasons discussed in Appendix C, pp. C-1 to C-2, this variable is calculated as: (death verdicts that were not finally reviewed at any of the three review stages + death verdicts that had been reviewed and had been approved on state direct appeal and were available for state post-conviction review) ! (death verdicts reversed at the state post-conviction stage).

ofvcindx

An additive scale of seven elements relating to the character of the defendant and traits of the victim in a capital federal habeas caseCthat the defendant had a prior criminal record; the defendant had a history of alcohol abuse; the defendant had a history of drug abuse; the defendant was intoxicated at the time the crime was committed; the defendant had a connection to the community; the victim had one or more of a list of prominent statuses within the community (police officer, fire fighter, elected official, etc.); the victim was female. The value assigned each case is the number of the seven elements present in the case.

pajid

This party-adjusted judge ideology score, used in one of our analyses, is a combined measure of state supreme court justices' liberal versus conservative decision making that was developed by Paul Brace, Laura Langer & Melinda Hall. See Measuring the Preferences of State Supreme Court Judges, 62 J. of Politics 387 (2000). The variable compares states based on the party affiliations of their state supreme court justices and based on measures of the ideological disposition of the electorate (for states where judges are elected) and of elite portions of the population (where judges are appointed). The measure is a state mean from 1970 to 1993, scored from conservative to liberal.

pctbdiffnew

&#The percent of defendants sentenced to death by the state who are African-American minus the percent of the state's population that is comprised of African-Americans (plus 1, to assure there are no negative values).

pctblack, pctblkst

&#The percent of the state's population comprised of African-Americans.

pctblk

&#The percent of the county's population comprised of African-Americans. For Analyses 16 and 17, pctblk is the mean of that percent during the study period.

pnindx

&#The ratio of the number of inmates incarcerated in prison in the state in the relevant year per 100 FBI Index Crimes committed in the state in that year. This is measure of the rate at which serious criminals are apprehended, convicted and incarcerated in the state. For Analyses 16 and 17, pnindx is the mean of this ratio during the study period.

ppindx, ppindx2

Political pressure indexes are two similar measures of the extent to which state judges are subject to political discipline for their rulings through political or electoral politics. The indexes include measures of the way in which judges are selected and retained, and the length of the first term. Two indices were created. The first index combines the way in which judges are selected, the way they are retained, and the length of the first term. Selection method consists of a scale of 1 to 4, with 1 being the least political method and 4 being the most political, with scores based on the appointing authority (legislature, governor), whether the appointment is subject to retention elections, or whether elections without appointments are used. Retention is a binary nominal category coded 1 for appointed judges who face constitutionally mandated retention votes, and zero for all other judges. Length of first term scales years from 1 to 4 with the assumption that longer terms diminish political pressure. Years are categorized based on frequency distributions of term lengths. Terms of 10 to 15 years are categorized as 1; 8 years is categorized as 2; 6 years is categorized as 3; and from 1 to 4 years is categorized as 4. In order to account for the short duration of many appointments, a second scale was used based on the length of judges= first elected term, or the longer of retention terms. For example, an appointed first term of 1 year followed by an election term of 15 years is considered a 15 year first term, and scaled as a 1 to reflect lower political pressure.
prednew

A predicted value for each state and year that is assigned to each county and year in two county-level analyses. The predicted value is derived from a parallel state-level analysis: Each county in the relevant state and year is assigned a value representing the amount of reversible error predicted for that state and year by the various explanatory factors in the state-level analysis. Prednew measures how much variance in the amount of error found in death verdicts from one county and year to the next can be explained by the amount of error that the state-level analysis predicts for the relevant state and year.

psst

&#A principal component factor of the log of the state's population and the log of the state's population density. This is a measure of the state's population structure. For Analyses 16 and 17, psst is the mean of this factor during the study period.

ps

A principal component factor of the log of the county's population and the log of the county's population density. This is a measure of the county's population structure. For Analyses 16 and 17, ps is the mean of this factor during the study period.

repmaj

A binary variable coded 1 for federal habeas cases in which a majority of the reviewing judges at the final stage of federal habeas review were appointed by Republican Presidents, and 0 otherwise.

rgrtbklg

&#The rate per 1000 population of cases awaiting decision in the state=s court system. This is a static measure, estimated as filings minus the dispositions averaged over the 10-year period (1985-1995) in which data are available. This is one of the four measures of general court backlogs in fac_csld.

seh2

A binary measure coded 1 for federal habeas cases in which a state evidentiary hearing was held on a claim later raised in the federal habeas proceeding, and coded 0 for federal habeas cases in which no such state evidentiary hearing was previously held.

sentyr

The year the death verdict was imposed.

stblk1

The mean of the percent of the state's population comprised of African Americans during the study period.
wbrtst The state's rate of white homicide victims per 100,000 white residents divided by its rate of black victims per 100,000 black residents. This is a measure of how the threat of homicides in the state is distributed between whites and blacks.
wbrt

The county's rate of white homicide victims per 100,000 white residents divided by its rate of black victims per 100,000 black residents. For Analyses 16 and 17, wbrt is the mean of this rate during the study period.

whblrts The average number of white victims in the state per 100,000 white population divided by the average number of black victims in the state per 100,000 black population during the study period.
wvdsst The percent of death verdicts imposed by the state for homicides against at least one white victim divided by the percentage of all homicide victims in the state who are white.
wvrtst

&#The state's rate of white homicide victims per 100,000 white residents.

year

The year in which the death verdict being studied was imposed.

yearn

The 23 years in the study period, taken as a linear trend from the beginning to the end of the study period.


* When "l" is the first letter of a variable, the variable has been logged. In the list above, logged explanatory factors are alphabetized by the letter immediately following the "l."
With one exception, all references to "homicides" for purposes of these variables are to homicides as used in the Vital Statistics of the United States and as defined by the International Classification of Diseases, Eighth and Ninth Revisions, codes E960 through E969 (adapted to the United States): "Homicide and injury purposefully inflicted by other persons." The one exception is in regard to the "dor" and "dorst" variable. In constructing that variable, we used data from the FBI's Uniform Crime Reports ("UCR"). For purposes of those variables, "homicides" are what the UCR call "murder and non-negligent manslaughter," defined as "the willful (non-negligent) killing of one human being by another." Throughout this Report, as a shorthand, we refer to the "dor" and "dorst" variables as the number of death sentences per 1000 "homicides." In fact, we are examining death sentences in relation to a narrower category than all homicides because criminally negligent homicides, including some categories of involuntary manslaughter, are excluded. We nonetheless use the "homicide" shorthand because we are examining death sentences in relation to a modestly broader category than all murders, given that voluntary manslaughters are included. No publicly available data report just the category of murders by state (or county) and year.