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A Test of Racial Bias in Capital Sentencing

Author

Listed:
  • Alberto Alesina
  • Eliana La Ferrara

Abstract

We collect a new dataset on capital punishment in the US and we propose a test of racial bias based upon patterns of sentence reversals. We model the courts as minimizing type I and II errors. If trial courts were unbiased, conditional on defendants race the error rate should be independent of the victims race. Instead we uncover 3 and 9 percentage points higher reversal rates in Direct Appeal and Habeas Corpus cases, respectively, against minority defendants who killed whites. The pattern for white defendants is opposite but not statistically significant. This bias is confined to Southern States.

Suggested Citation

  • Alberto Alesina & Eliana La Ferrara, 2014. "A Test of Racial Bias in Capital Sentencing," American Economic Review, American Economic Association, vol. 104(11), pages 3397-3433, November.
    • Handle: RePEc:aea:aecrev:v:104:y:2014:i:11:p:3397-3433
    Note: DOI: 10.1257/aer.104.11.3397
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    More about this item

    JEL classification:

    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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