In conducting mandatory comparative proportionality review of all cases in which the death penalty is imposed, the Washington Supreme Court compares the defendant's case with similar cases to ensure that the penalty is being applied consistently. In theory, the review promotes rational and non-arbitrary capital sentencing. In practice, the review has not been effectively applied. Continued use of ineffective appellate review for death sentences violates the Washington Constitution. This Comment explores the various problems associated with the review process, and proposes possible solutions.
W. W. Morrison Jr.,
Washington's Comparative Proportionality Review: Toward Effective Appellate Review of Death Penalty Cases under the Washington State Constitution,
64 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol64/iss1/8