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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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    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. 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.
    3. 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).
    4. 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.
    5. 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.
    6. 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.
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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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