DPI’s What to Know” series examines capital punishment from multiple angles, one topic at a time. Each installment provides essential facts and data on specific aspects of the death penalty. 

Why it mat­ters: The race of vic­tims weighs heav­i­ly in cap­i­tal pun­ish­ment deci­sions. Studies con­firm that defen­dants with white vic­tims are more like­ly to be charged cap­i­tal­ly, sen­tenced to death, have those sen­tences upheld on appeal, and be executed. 

The strongest pre­dic­tor of a death penal­ty charge and sen­tence remains the pres­ence of a white murder victim.” 

Key Facts: 
  • Black defen­dants have been sen­tenced to death for killing a white per­son at a rate that is six­teen times high­er than white defen­dants sen­tenced to death for killing a Black per­son.1
  • Among death sen­tences imposed from 1972 to 2025, 72% had at least one white vic­tim. During the same time peri­od, 23% of death sen­tences were imposed on Black defen­dants with one or more white vic­tims while only 2% of death sen­tences were imposed on white defen­dants with one or more Black victims. 

These facts were drawn from DPI’s Race of Victim inter­ac­tive data­base, which is pos­si­ble thanks to vic­tim data col­lect­ed for the peri­od 1972 to 2025 under the super­vi­sion of University of North Carolina Professor Frank Baumgartner. 

Studies Consistently Show Race and Sex of Victim are Central to Capital Case Outcomes 

In a 2024 study, researchers expand­ed on David Baldus’s famous charg­ing and sen­tenc­ing study of Georgia homi­cides in the 1970s, to show the con­tin­u­ing impact of the race and sex of homi­cide vic­tims in death penal­ty cas­es — from deci­sions about who to charge with first degree mur­der, whether to seek death, who a jury sen­tences to death, who is suc­cess­ful on appeal, and who is exe­cut­ed. The authors found that “[i]f the vic­tim was a White woman, the District Attorney was more like­ly to seek death, the jury more like­ly to impose death, and the con­demned defen­dant was more like­ly to be exe­cut­ed than if there was no White female victim.” 

The researchers val­i­dat­ed, and then reex­am­ined the orig­i­nal Baldus data. After con­trol­ling for a num­ber of fac­tors that pros­e­cu­tors rou­tine­ly cite” in decid­ing whether to seek the death penal­ty, the researchers found sta­tis­ti­cal­ly sig­nif­i­cant race and sex effects: 

  • The odds of a death sen­tence were about six­teen times greater” if the vic­tim is a white female com­pared to a Black male victim.
  • The odds were six times greater” with a white female vic­tim com­pared to a Black female victim.
  • The odds were three times greater” with a white female vic­tim com­pared to a white male victim. 

Among exe­cu­tion trends, 30% of defen­dants sen­tenced to death for the mur­der of a white female were exe­cut­ed, com­pared to 19% for the mur­der of a white male, 10% for the mur­der of a Black female, and none for the mur­der of a Black male. These gen­er­al trends held even when researchers con­trolled for the sever­i­ty of the crime. 

White women are rel­a­tive­ly unlike­ly to be vic­tims of mur­der, but when they are killed, their cas­es are like­ly to be the ones in which the full weight of the state in brought down on the defendant.” 

The study then went beyond the Baldus study time­frame to extrap­o­late results from nation­wide FBI Supplemental Homicide Report (SHR) data through 2019 and exe­cu­tion data from DPI to show that the race of vic­tim find­ings in Georgia from the Baldus study endure. Between 1976 and 2019, the study iden­ti­fied 3,026 death-eli­gi­ble defen­dants. Just eight per­cent of these cas­es involved the mur­der of White female, but those eight per­cent of cas­es trans­lat­ed into 52% of defen­dants exe­cut­ed in Georgia dur­ing this timeframe. 

Image of Roderick Chip’ Brownlow’s grave 

The Story of Chip Brownlow 

At just 18 years old, Roderick Chip’ Brownlow, a Black teenag­er from Texas, was mur­dered in front of his home and fam­i­ly by his white neigh­bor, Terry Don Woodward, who was wear­ing a white pride” gar­ment at the time. Mr. Woodward received a life sen­tence with a min­i­mum of 30 years — the death penal­ty was nev­er sought in his case. Researchers Jelani Jefferson Exum and David Niven high­light this case as evi­dence of the race of vic­tim effect, observ­ing that the penal­ties imposed for killing Roderick Chip’ Brownlow and thou­sands of oth­er Black Americans in Texas were less severe than those imposed for killing White Americans.” 

Citation Guide
Sources

Jelani Jefferson Exum & David Niven, Where Black Lives Matter Less: Understanding the Impact of Black Victims on Sentencing Outcomes in Texas Capital Murder Cases from 1973 to 2018, 66 St. Louis U. L.J. (2022); Scott Phillips, Justin F. Marceau, Sam Kamin, and Nicole King, Sacred Victims: Fifty Years of Data on Victim Race and Sex as Predictors of Execution, 114 J. CRIM. L. & CRIMINOLOGY 249 (2024). 

Footnotes
  1. Comparing cas­es in which the race of the defen­dant and that of the vic­tim dif­fer com­plete­ly, half of all cas­es (1945 out of a total of 3783) that involved a Black defen­dant sen­tenced to death were cas­es where there was one or more white vic­tim. When look­ing at cas­es that involved a white defen­dant sen­tenced to death, just 3% (139/​4346) of white defen­dants sen­tenced to death were cas­es where there was one or more Black vic­tim. The race of the defen­dant and vic­tim dif­fer com­plete­ly’ when there are no vic­tims, espe­cial­ly in mul­ti­ple vic­tim cas­es, who share the same race as the defen­dant. (1945/3783)/(139/4346) = 16.075.