A new study of the death penal­ty in Arkansas showed racial pat­terns in sen­tenc­ing. University of Iowa law pro­fes­sor David Baldus’ study exam­ined 124 mur­der cas­es filed in one dis­trict from 1990 to 2005. Even after adjust­ing for fac­tors such as the defendant’s crim­i­nal his­to­ry and cir­cum­stances of the crime, black peo­ple who killed white peo­ple were more like­ly than oth­ers to be charged with cap­i­tal mur­der and be sen­tenced to death. It sug­gests to us that there’s a real risk that race may have been a fac­tor,” explained Baldus. 

Michael Radelet, a soci­ol­o­gy pro­fes­sor at the University of Colorado at Boulder who has con­duct­ed a dozen stud­ies on the top­ic, said Baldus is con­sid­ered a pio­neer of research in the field. His dis­crim­i­na­tion study of more than 2,000 mur­der cas­es in Georgia in the 1970’s led to a chal­lenge that reached the U.S. Supreme Court. This study mir­rors research that has shown killers of white peo­ple are more like­ly than those who kill black peo­ple to be sen­tenced to death. Baldus stat­ed one of the most telling aspects of the research was that in the dis­trict stud­ied no white defen­dants or killers of black peo­ple received death sen­tences. The dis­par­i­ties are not nor­mal­ly as stark as this,” said Baldus.

From the study’s list 66 death-eli­gi­ble cas­es, blacks were defen­dants in only 38 of the poten­tial death penal­ty cas­es, but nine of the 10 defen­dants for whom pros­e­cu­tors sought a death sen­tence were black. Similarly, whites were vic­tims in only 35 of the poten­tial death penal­ty cas­es, but they were the vic­tims in sev­en of the 10 cas­es in which the death penal­ty was sought. 

(A. Davis, Study indi­cates pat­tern in sen­tences,” Arkansas Democrat-Gazette, September 8, 2008). See also Studies and Race.

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