Spatial-Racial Disparities in California's Capital Punishment: Examining the Influence of Geography and Race on Death Sentencing from 1987 to 2019

Abstract

Although a vast literature has documented racial or geographic disparities in capital punishment, scholars have largely ignored the intersecting influences of race and geography on death sentencing that perpetuate spatial-racial inequalities. Building off research identifying racialized “hotspots” in non-capital sentencing, we developed a novel dataset linking all homicides and death sentences in California over three decades (1987–2019) to examine racial disparities in death sentencing within and across counties. In contrast to prior studies using non-exact matching to link death sentence and homicide data, our use of exact matching allowed us to include more control variables, especially aggravators. According to multi-level logistic regression models, the odds of a death sentence are much higher in some counties, aligning with insights from the literature on court communities. In line with focal concerns theory, death sentencing rates are highest among homicides with White victims and/or offenders of color, especially inter-racial homicides with White victims and non-White offenders. While these racial disparities are remarkably consistent within all California counties, their magnitude varies across counties. Such spatial-racial disparities raise constitutional concerns about the arbitrariness of California death sentences and highlight racialized death penalty “hotspots” that seem to violate the state's Racial Justice Act.

Plain language title

Spatial-Racial Disparities in California's Capital Punishment (1987 to 2019)

Plain language summary

Although prior research has documented racial or geographic disparities in capital punishment, we know little about how race and geography work together to perpetuate spatial-racial inequalities in death sentencing. Building off research identifying racialized “hotspots” in non-capital sentencing, we developed a novel dataset linking all homicides and death sentences in California over three decades (1987-2019) to examine this issue. Statistical analyses indicate that death sentencing rates are highest among homicides with White victims and/or offenders of color, especially interracial homicides with White victims and Black/Hispanic offenders. While these racial disparities are remarkably consistent within all California counties, their magnitude varies across counties. Such spatial-racial disparities raise constitutional concerns about the arbitrariness of California death sentences and highlight racialized death penalty “hotspots” that seem to violate the state's Racial Justice Act.