A new study by Professor Scott Phillips of the Univeristy of Denver found that black defen­dants in Houston, Texas, are more like­ly to be sen­tenced to death than white defen­dants, even when oth­er vari­ables are account­ed for. The research, to be pub­lished in a forth­com­ing edi­tion of the Houston Law Review, looked at cas­es eli­gi­ble for the death penal­ty in the coun­ty that is the source of the high­est num­ber of exe­cu­tions in Texas, which itself is respon­si­ble for more exe­cu­tions than any oth­er state. The study, which looked at 504 defen­dants indict­ed for mur­der, also found that a per­son is more like­ly to be sen­tenced to death if they killed a white vic­tim than if they killed a black vic­tim, a find­ing con­sis­tent with over 20 race stud­ies around the coun­try. Race-of-defen­dant bias has not been shown as often in oth­er stud­ies.

Prof. Phillips found that when the sever­i­ty and oth­er fac­tors of the crime are tak­en into account, pros­e­cu­to­r­i­al dis­par­i­ties show up: the odds of a death tri­al are 1.75 times high­er against black defen­dants than white defen­dants.” The odds that a black defen­dant would actu­al­ly be sen­tenced to death were almost 1.5 times as high as for a white defendant.

(A. Liptak, A New Look at Race When Death Is Sought,” April 29, 2008). Read a pre­lim­i­nary ver­sion of the study. See Race.

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