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A Test of Racial Bias in Capital Sentencing

Author

Listed:
  • Alberto F. Alesina
  • Eliana La Ferrara

Abstract

We propose a test of bias based upon patterns of judicial errors. We model the trial court as minimizing a weighted sum of type I and II errors. We define racial bias a situation where the weight depends on defendant/victim race. If the court is unbiased, the error rate should be independent of the combination defendant/victim race. We test this prediction using an original dataset on all capital appeals in 1973-1995. We find that in the first and last stage of appeal the probability of error is 3 and 9 percentage points higher for minority defendants who killed white (vs. minority) victims.

Suggested Citation

  • Alberto F. Alesina & Eliana La Ferrara, 2011. "A Test of Racial Bias in Capital Sentencing," NBER Working Papers 16981, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:16981
    Note: LE
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    References listed on IDEAS

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    More about this item

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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