Racial discrimination and the death penalty in the post-Furman era: An empirical and legal overview, with recent findings from Philadelphia.

Baldus, D. C., Woodworth, G., Zuckerman, D., Weiner, N. A., & Broffitt, B. (1998). Racial discrimination and the death penalty in the post-Furman era: An empirical and legal overview, with recent findings from Philadelphia. Cornell Law Review, 83, 1638-1661.

Modeled prosecutorial and jury decisions at several points using victim race, defendant race, various case characteristics, and 4 separate measures of defendant culpability (number of aggravating factors, number of mitigating factors present, most salient aggravating factor, murder severity ranking). Moderately strong race of defendant effects obtained for all jury decisions, somewhat weaker race of victim effects at several points. With evidential support and defendant culpability controlled for, juries (a) more likely to find statutory aggravation when defendant Black and victim non-Black, (b) less likely to find mitigating factors when victim non-Black, and (c) gave less weight to mitigating factors when defendant Black. Racial disparities were heavily concentrated in midrange of defendant culpability scales.

http://www.lawschool.cornell.edu/research/cornell-law-review/upload/baldus.pdf