Hispanics and the death penalty: Discriminatory charging practices in San Joaquin County, California

Following reinstatement of the death penalty after the Supreme Court's decision in Gregg v. Georgia (1976), social scientists carefully documented evidence of racial and gender bias against defendants and victims at all stages of the death penalty system, from charging to conviction and sentencing. Despite these consistent findings, questions remained. One crucial unknown was whether or not racial bias uncovered in investigations of African Americans and Whites also negatively impacted members of other minority groups, in particular the largest minority group in the U.S.–Hispanics. Are Hispanics, as both victims and defendants, treated more like non-Hispanic Whites or African Americans? This research examined all death-eligible homicides in San Joaquin County, California from 1977 through 1986. Using logistic regression analysis, the investigation uncovered patterns of racial and gender bias, finding defendants in Hispanic victim cases were less likely to face a death-eligible charge than defendants in White victim cases. Evidence of discrimination may have implications for how Hispanic integration and race and ethnicity are understood and for evaluating the success of statutory reforms designed to insure fairness and constitutionality of the death penalty.