A new study pub­lished on the Social Science Resource Network by a group of pro­fes­sors at Cornell University found a high inci­dence of racial dis­par­i­ties in the oper­a­tion of Delawares death penal­ty. The study, pub­lished in con­junc­tion with a sym­po­sium hon­or­ing the late David Baldus (pic­tured), exam­ined the state’s death penal­ty since 1972 and found:
 — Of 49 defen­dants sen­tenced to death since 1972, 53% were black, 39% were white, and 8% were Hispanic or Native American. In con­trast, 69% of Delaware’s pop­u­la­tion is white, 21% is black, and 8% are Hispanic.
 — Thirty-five of the 49 cas­es (73%) involved a white vic­tim. Of the cur­rent death row inmates, 59% were con­vict­ed of mur­der­ing white vic­tims and 41% were con­vict­ed of mur­der­ing black vic­tims.
 — Of the cur­rent death row pop­u­la­tion in Delaware, 59% are black, 23% are white, and 18% are Hispanic. Combined, the minor­i­ty pop­u­la­tion com­pris­es 77% of the state’s death row. Nationally, the minor­i­ty pop­u­la­tion accounts for approx­i­mate­ly 56% of the death row pop­u­la­tion.
 — Even when com­pared to south­ern states, Delaware’s rate of death sen­tenc­ing for black defen­dants with white vic­tims is unusu­al­ly high; it is 75 per­cent high­er than the next high­est states, Georgia and Nevada, more than twice as high as that of South Carolina or Virginia, and more than three times as high as that of its near neigh­bors, Maryland and Pennsylvania. Read full text of study here.

The study also report­ed a rel­a­tive­ly low rever­sal rate for Delaware cap­i­tal cas­es and a high death-sen­tenc­ing rate, both of which the researchers par­tial­ly attrib­uted to the state’s use of judge, rather than jury, sentencing. 

(S. Johnson, et al., The Delaware Death Penalty: An Empirical Study,” SSRN, Mar. 11, 2012; post­ed April 6, 2012), Image cred­it Tom Langdon, NYTimes. See Race and Studies on the death penalty.

Citation Guide