Sentencing: Surveying Current Practices

Racial disparities that disfavor Blacks in non-capital sentencing have been persistent since pertinent data began to be collected. Patterns are more complex as far as capital cases are concerned. David Baldus has shown that capital sentencing in Georgia cases has resulted in fewer death sentences for Black defendants than for equally culpable White defendants. Researchers in other states have identified a similar pattern. The pattern behind the pattern, the chapter argues is clear, the chapter suggests: racial trends in homicide victimization. Because Whites are likelier to kill other Whites and Blacks likelier to kill other Blacks, the heavier penalties meted out to equally culpable Whites suggest a systemic devaluation of one race by comparison with the other. This difference can be addressed only by abolishing the death penalty.