Race and the death penalty in Kentucky murder trials: An analysis of post-Gregg outcomes

This study examines the effect of the victim's race on the probability that an accused murderer is charged with a capital crime and sentenced to death in Kentucky. Our results show that blacks accused of killing whites had a higher than average probability of being charged with a capital crime (by the prosecutor) and sentenced to die (by the jury) than did other homicide offenders. This finding remains after we take into account the effects of differences in the heinousness of the murder, prior criminal record, the personal relationship between the victim and the offender, and the probability that the accused will not stand trial for a capital offense.