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The relationship between race and capital punishment in the United States has been studied extensively. As of 2014, 42 percent of those on death row in the United States were Black. As of October 2002, there were 12 executions of White defendants where the murder victim was Black, however, there were 178 executed defendants who were Black with a White murder victim. Since then, the number of white defendants executed where the murder victim was black has increased to just 21 (less than 1.36 percent of all executions), whereas the number of Black defendants executed where the murder victim was White has increased to 299 (nearly 19.4 percent of all executions). 54 percent of people wrongfully convicted and sentenced to death in the United States are black.


Executions by race and race of victim

Since 1991, the
NAACP Legal Defense and Educational Fund The NAACP Legal Defense and Educational Fund, Inc. (NAACP LDF, the Legal Defense Fund, or LDF) is a leading United States civil rights organization and law firm based in New York City. LDF is wholly independent and separate from the NAACP. Altho ...
has produced quarterly reports containing statistics related to capital punishment in the United States. The reports include a breakdown of the death row population by race, the race of those executed, as well as the race of the victims in each case.


White defendant, white victim

The number of white defendants executed for killing a white victim remains the highest percentage out of all racial combinations. As of January 2022, 796 white people had been executed for killing a white victim, making up 51.69 percent of all 1,540 executions. The percentage has remained consistent since 2000, when it was at 51.85 percent, and in 2010, at 52.52 percent.


Black defendant, white victim

The number of black defendants executed for killing a white victim remains the second highest percentage out of all racial combinations. As of January 2022, 297 black people had been executed for killing a white victim, making up 19.29 percent of all executions. The percentage has decreased in recent years, with it being 24.31 percent in 2000, and 20.44 percent in 2010. However, the percentage drop is less between 2010 and 2020 than it was between 2000 and 2010.


Black defendant, black victim

The number of black defendants executed for killing a black victim is lower than the number of black defendants executed for killing a white victim. As of January 2022, 181 black people had been executed for killing a black victim, making up 11.75 percent of all executions. Robert Wayne Williams was the first black person to be executed for killing a black victim since the reinstatement of capital punishment in 1976.


White defendant, black victim

Executions of white defendants for killing black victims are rare. The number of white people executed for killing a black person is significantly lower than all other racial combinations. As of January 2022, just 21 white people had been executed for killing a black victim, making up only 1.36 percent of all executions. While the percentage is slightly higher than what it was in 2010 (1.22 percent) it is lower than what it was in 2000 (1.69 percent).


Studies


Baldus

In 1983, David Baldus co-authored a study that found that capital punishment in Georgia since the decision in '' Furman v. Georgia'' was handed down in 1972 had been applied unevenly across race. Specifically, his and his colleagues' study found that only 15 out of 246 murder cases (6 percent) where the victim was black resulted in a death sentence, as compared with 85 out of 348 (24 percent) of such cases when the victim was white. This study led to Warren McCleskey's death sentence being challenged due to allegations that it was racially biased. Those allegations resulted in the Supreme Court's 1987 decision in McCleskey v. Kemp that statistical evidence of bias in the criminal justice system is insufficient to overturn an individual's sentence. In 1998, Baldus published another study which concluded that black defendants in certain types of murder cases in
Philadelphia Philadelphia, often called Philly, is the List of municipalities in Pennsylvania#Municipalities, largest city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania, the List of United States cities by population, sixth-largest city i ...
were almost four times as likely to be sentenced to death than were their white counterparts.


Kleck

In 1981,
Gary Kleck Gary Kleck (born March 2, 1951) is a criminologist and the David J. Bordua Professor Emeritus of Criminology at Florida State University. Early life and education Kleck was born in Lombard, Illinois, to William and Joyce Kleck. He attended Gle ...
published a
literature review A literature review is an overview of the previously published works on a topic. The term can refer to a full scholarly paper or a section of a scholarly work such as a book, or an article. Either way, a literature review is supposed to provid ...
that declared that all states, except the
Southern United States The Southern United States (sometimes Dixie, also referred to as the Southern States, the American South, the Southland, or simply the South) is a geographic and cultural region of the United States of America. It is between the Atlantic Ocean ...
, found that African Americans were less likely than white Americans to be sentenced to death or executed. The review also found that cases with black victims were less likely than those with white victims to result in the death sentence, possibly as a result of the devaluing of black crime victims.


Radelet

A 1981 study by Michael Radelet found that murder cases involving white victims were more likely to result in a death sentence than were those involving black victims, mainly because those accused of murdering whites were more likely to be indicted for
first-degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
. The same study found that after controlling for the race of the victim, there was no clear evidence that the race of the defendant predicted how likely they were to receive a death sentence.


Dwayne Smith

A 1987 study by M. Dwayne Smith of
Tulane University Tulane University, officially the Tulane University of Louisiana, is a private research university in New Orleans, Louisiana. Founded as the Medical College of Louisiana in 1834 by seven young medical doctors, it turned into a comprehensive pub ...
found a racial bias in capital punishment cases in
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
, but only with regard to the race of the victim, not the offender.


Ekland-Olson

A 1988 study by Sheldon Ekland-Olson found that in the first decade after ''Furman'', criminal cases in
Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...
involving white victims were more likely to result in a death sentence than those involving either black or Hispanic victims.


Government Accountability Office

A 1990 Government Accountability Office analysis of 28 studies, in 82 percent of these studies, found that murder cases with white victims were more likely than those with black victims to result in a death sentence. The report described this relationship as "remarkably consistent across data sets, states, data collection methods, and analytic techniques."


Sorensen & Wallace

A 1995 study by Jonathan Sorensen and Donald H. Wallace found evidence of a racial bias in capital punishment in
Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...
, mainly in regards to the race of the victim. The study found that cases with white victims were more likely to result in death sentences, and that cases with black victims were less likely to result in such sentences. The study also reported that these disparities were largest when "prosecutors and jurors are freed from the seriousness of the cases to consider other factors." A 1999 study by the same authors found that murder cases with black defendants and white victims were more likely than those with any other combination of defendant and victim races to "result in first-degree murder charges, to be served notice of aggravating circumstances, and to proceed to capital trial."


Eberhardt

A 2006 study led by
Jennifer Eberhardt Jennifer Lynn Eberhardt (born 1965) is an American social psychologist who is currently a professor in the Department of Psychology at Stanford University. Eberhardt has been responsible for major contributions on investigating the consequences o ...
found that even after numerous other factors were controlled for, defendants who looked more stereotypically black in death penalty cases with white victims were more likely to be sentenced to death. People tend to see Black physical traits as directly related to criminality. The synthesis supported a strong race of victim influence.


Alesina and La Ferrara

A 2014 study by Alberto Alesina and
Eliana La Ferrara Eliana La Ferrara is an Italian economist who () holds the Fondazione Romeo ed Enrica Invernizzi Chair in Development Economics at Bocconi University, where she also acts as Scientific Director of the Laboratory for Effective Anti-poverty Programs ...
found evidence of racial bias in capital sentencing in that error rates tended to be higher in capital cases involving minority defendants and white victims. However, this pattern was only seen in Southern states.


Butler et al

A study by Butler ''et al'' published in 2018 failed to replicate the findings of earlier studies that had concluded that white Americans are more likely to support the death penalty if informed that it is largely applied to black Americans; according to the authors, their findings "may result from changes since 2001 in the effects of racial stimuli on white attitudes about the death penalty or their willingness to express those attitudes in a survey context."


References


External links


Race and the Death Penalty
at
Death Penalty Information Center The Death Penalty Information Center (DPIC) is a non-profit organization based in Washington, D.C., that focuses on disseminating studies and reports related to the death penalty. Founded in 1990, DPIC is primarily focused on the application of ...
{{Race and crime Capital punishment in the United States Race in the United States Race and crime in the United States