Death Penalty Sentencing: Research Indicates Pattern of Racial Disparities

With respect to African Americans, the history of racial discrimination in the imposition of the death penalty is well-known, and the persistence of racial disparities in the modern era of capital punishment is well-documented. In contrast, the influence of Latino ethnicity on the imposition of the death penalty has been studied very little. A review of the limited literature reveals evidence of discrimination against Latinos. Archival studies generally find ethnicity-of-victim discrimination, and some of those studies find ethnicity-of-defendant discrimination disadvantaging Latino defendants; these findings parallel the findings of the much more robust literature investigating bias against African American defendants and victims. The controlled experimental studies generally show both ethnicity-of-defendant and ethnicity-of-victim discrimination disadvantaging Latinos. Related literature investigating stereotypes, animosity, and discrimination in other criminal justice decisions further suggests the likelihood of ethnicity discrimination in the imposition of capital punishment, as well as the need for further research.

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Painting a Deceptive Portrait

New Criminal Law Review An International and Interdisciplinary Journal ◽

10.1525/nclr.2019.22.2.223 ◽

2019 ◽

Vol 22 (2) ◽

pp. 223-231

Author(s):

Michael Conklin

Keyword(s):

Public Opinion ◽

Racial Disparities ◽

Death Penalty ◽

Critical Review ◽

Opinion Polling ◽

The Subject

This is a critical review of the book, Deadly Justice: A Statistical Portrait of the Death Penalty. Parts of the book addressed are public opinion polling, racial disparities, and death-qualified juries. Numerous examples are provided for how the book, while informative, provides a deceptive view on the subject through the selective use of statistics and provided explanations.

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‘To Stay the Murderer’s Hand and the Rapist’s Passions, and for the Safety and Security of Civil Society’: The Emergence of Racial Disparities in Capital Punishment in Jim Crow New Orleans

American Journal of Legal History ◽

10.1093/ajlh/njz012 ◽

2019 ◽

Vol 59 (3) ◽

pp. 297-323 ◽

Cited By ~ 1

Author(s):

Jeffrey S Adler

Keyword(s):

African American ◽

Racial Disparities ◽

New Orleans ◽

Death Penalty ◽

Capital Punishment ◽

Racial Disparity ◽

Jim Crow ◽

Core Component ◽

Level Data ◽

Micro Analysis

Abstract This essay examines capital punishment in New Orleans between 1920 and 1945. Building on a quantitative analysis of case-level data culled from police, court, and prison records, it explores the emergence of racial disparities in death-penalty sentencing and charts the increasing use of capital punishment as a mechanism of racial control. The paper focuses on four surprising and counter-intuitive patterns in the application of the death penalty. First, shifts in the use of capital punishment during this era bore no connection to patterns of violent crime. Second, changes in death-penalty sentencing were only loosely related to overall trends in homicide conviction. Third, and most surprising, Orleans Parish jurors, particularly during the 1920s, sent white killers to the gallows at a higher rate than African American killers. And fourth, the analysis of case-level records reveals dramatic shifts in death-penalty sentencing during the 1930s, particularly the development of a pronounced racial disparity in the application of capital punishment. Prosecutors also exploited the threat of capital charges to secure guilty pleas from African American suspects, and thus changes in death-penalty sentencing contributed to racial disparities in incarceration. In short, this micro-analysis helps to explain when and why the death penalty became a core component of Jim Crow criminal justice.

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Examining the Sources of Racial Bias in Potentially Capital Cases

Race and Justice ◽

10.1177/2153368716645842 ◽

2016 ◽

Vol 7 (1) ◽

pp. 7-34 ◽

Cited By ~ 8

Author(s):

Nick Petersen

Keyword(s):

Criminal Justice ◽

Los Angeles ◽

Racial Disparities ◽

Death Penalty ◽

Capital Punishment ◽

Racial Bias ◽

Death Sentences ◽

Capital Cases ◽

Logistic Regressions ◽

Research Questions

While prior research has uncovered racial disparities in the administration of death sentences, little attention has been devoted to earlier stages in the capital punishment processes. To understand the locus of racial bias within death penalty institutions, this study examines the entry of homicide cases into Los Angeles County’s criminal justice system during a 5-year period. This two-part analysis seeks to answer the following research questions: (1) Does victim/defendant race influence homicide clearance and death penalty charging decisions? and (2) if so, does the likelihood of clearance mediate the effect of victim race on death penalty charges? Logistic regressions indicate that cases involving Latino victims are less likely to be cleared. Moreover, cases with Black and Latino victims are less likely to be prosecuted with a death penalty–eligible charge. Racial disparities accumulate across these stages, with clearance patterns influencing subsequent death penalty charging decisions. Results underscore the cumulative nature of racial within criminal justice institutions. By linking police and prosecution outcomes, these findings also highlight the interrelationship between criminal justice agencies.

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