We collect a new dataset on capital punishment in the US and we propose a test of racial bias based upon patterns of sentence reversals. We model the courts as minimizing type I and II errors. If trial courts were unbiased, conditional on defendants race the error rate should be independent of the victims race. Instead we uncover 3 and 9 percentage points higher reversal rates in Direct Appeal and Habeas Corpus cases, respectively, against minority defendants who killed whites. The pattern for white defendants is opposite but not statistically significant. This bias is confined to Southern States.

Number, percentage and rate (per 100,000 population) of homicide victims, by racialized identity group (total, by racialized identity group; racialized identity group; South Asian; Chinese; Black; Filipino; Arab; Latin American; Southeast Asian; West Asian; Korean; Japanese; other racialized identity group; multiple racialized identity; racialized identity, but racialized identity group is unknown; rest of the population; unknown racialized identity group), gender (all genders; male; female; gender unknown) and region (Canada; Atlantic region; Quebec; Ontario; Prairies region; British Columbia; territories), 2019 to 2023.