IDEAS home Printed from https://ideas.repec.org/p/hrv/faseco/30752840.html
   My bibliography  Save this paper

A Test of Racial Bias in Capital Sentencing

Author

Listed:
  • Alesina, Alberto Francesco
  • La Ferrara, Eliana

Abstract

We collect a new dataset on capital punishment in the United States 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 defendant’s race the error rate should be independent of the victim’s 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

  • Alesina, Alberto Francesco & La Ferrara, Eliana, 2014. "A Test of Racial Bias in Capital Sentencing," Scholarly Articles 30752840, Harvard University Department of Economics.
    • Handle: RePEc:hrv:faseco:30752840
    as

    Download full text from publisher

    File URL: http://dash.harvard.edu/bitstream/handle/1/30752840/racial_bias_in_capital_sentencing_2014_aer.pdf
    Download Restriction: no
    ---><---

    Other versions of this item:

    References listed on IDEAS

    as
    1. Kate Antonovics & Brian G. Knight, 2009. "A New Look at Racial Profiling: Evidence from the Boston Police Department," The Review of Economics and Statistics, MIT Press, vol. 91(1), pages 163-177, February.
    2. Shamena Anwar & Hanming Fang, 2006. "An Alternative Test of Racial Prejudice in Motor Vehicle Searches: Theory and Evidence," American Economic Review, American Economic Association, vol. 96(1), pages 127-151, March.
    3. Laura M. Argys & H. Naci Mocan, 2004. "Who Shall Live and Who Shall Die? An Analysis of Prisoners on Death Row in the United States," The Journal of Legal Studies, University of Chicago Press, vol. 33(2), pages 255-282, June.
    4. Donohue III, John J. & Wolfers, Justin, 2006. "Uses and Abuses of Empirical Evidence in the Death Penalty Debate," IZA Discussion Papers 1949, Institute of Labor Economics (IZA).
    5. David S. Abrams & Marianne Bertrand & Sendhil Mullainathan, 2012. "Do Judges Vary in Their Treatment of Race?," The Journal of Legal Studies, University of Chicago Press, vol. 41(2), pages 347-383.
    6. Grossman, Gene M & Katz, Michael L, 1983. "Plea Bargaining and Social Welfare," American Economic Review, American Economic Association, vol. 73(4), pages 749-757, September.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Kevin Lang & Ariella Kahn-Lang Spitzer, 2020. "Race Discrimination: An Economic Perspective," Journal of Economic Perspectives, American Economic Association, vol. 34(2), pages 68-89, Spring.
    2. LaVoice, Jessica & Vamossy, Domonkos F., 2024. "Racial disparities in debt collection," Journal of Banking & Finance, Elsevier, vol. 164(C).
    3. Shamena Anwar & Hanming Fang, 2015. "Testing for Racial Prejudice in the Parole Board Release Process: Theory and Evidence," The Journal of Legal Studies, University of Chicago Press, vol. 44(1), pages 1-37.
    4. Nicolás Grau & Damián Vergara, "undated". "A Simple Test for Prejudice in Decision Processes: The Prediction-Based Outcome Test," Working Papers wp493, University of Chile, Department of Economics.
    5. Shi, Ying & Zhu, Maria, 2022. "Equal time for equal crime? Racial bias in school discipline," Economics of Education Review, Elsevier, vol. 88(C).
    6. Felipe Goncalves & Steven Mello, 2021. "A Few Bad Apples? Racial Bias in Policing," American Economic Review, American Economic Association, vol. 111(5), pages 1406-1441, May.
    7. David Arnold & Will Dobbie & Crystal S Yang, 2018. "Racial Bias in Bail Decisions," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 133(4), pages 1885-1932.
    8. Bjerk, David J. & Helland, Eric, 2017. "Using a Ratio Test to Estimate Racial Differences in Wrongful Conviction Rates," IZA Discussion Papers 10631, Institute of Labor Economics (IZA).
    9. Lawrence, Edward R. & Raithatha, Mehul, 2023. "Gender bias, board diversity, and firm value: Evidence from a natural experiment," Journal of Corporate Finance, Elsevier, vol. 78(C).
    10. Mujcic, Redzo & Frijters, Paul, 2013. "Still Not Allowed on the Bus: It Matters If You're Black or White!," IZA Discussion Papers 7300, Institute of Labor Economics (IZA).
    11. Ingrid Gould Ellen & Stephen L. Ross, 2018. "Race and the City," Working Papers 2018-022, Human Capital and Economic Opportunity Working Group.
    12. Nicola Persico & Petra Todd, 2004. "Using Hit Rate Tests to Test for Racial Bias in Law Enforcement: Vehicle Searches in Wichita," NBER Working Papers 10947, National Bureau of Economic Research, Inc.
    13. Stéphane Mechoulan & Nicolas Sahuguet, 2015. "Assessing Racial Disparities in Parole Release," The Journal of Legal Studies, University of Chicago Press, vol. 44(1), pages 39-74.
    14. Briggs Depew & Ozkan Eren & Naci Mocan, 2017. "Judges, Juveniles, and In-Group Bias," Journal of Law and Economics, University of Chicago Press, vol. 60(2), pages 209-239.
    15. Eric Zitzewitz, 2012. "Forensic Economics," Journal of Economic Literature, American Economic Association, vol. 50(3), pages 731-769, September.
    16. Bindler, Anna & Hjalmarsson, Randi, 2016. "The Fall of Capital Punishment and the Rise of Prisons: How Punishment Severity Affects Jury Verdicts," Working Papers in Economics 674, University of Gothenburg, Department of Economics.
    17. Amitabh Chandra & Douglas O. Staiger, 2010. "Identifying Provider Prejudice in Healthcare," NBER Working Papers 16382, National Bureau of Economic Research, Inc.
    18. Ajilore, Olugbenga, 2017. "Is There a 1033 Effect? Police Militarization and Aggressive Policing," MPRA Paper 82543, University Library of Munich, Germany.
    19. Max M. Schanzenbach, 2015. "Racial Disparities, Judge Characteristics, and Standards of Review in Sentencing," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 171(1), pages 27-47, March.
    20. Christopher Cotton & Cheng Li, 2015. "Profiling, Screening, and Criminal Recruitment," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 17(6), pages 964-985, December.

    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

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hrv:faseco:30752840. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Office for Scholarly Communication (email available below). General contact details of provider: https://edirc.repec.org/data/deharus.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.