The Registry’s review of murder exoneration data found that innocent Black defendants were also more likely to be more harshly punished than innocent white defendants. Among murder exonerees who were not sentenced to death or life imprisonment, Black defendants were sentenced to an average prison term of 35 years. White murder exonerees who were not sentenced to death or life imprisonment were sentenced to an average term of 28 years in prison.
The report also found a “pattern of harsh sentencing for murder convictions with white victims and lighter sentencing for those with Black victims.” This pattern, the Registry found, “is not restricted to death sentences. If they avoid the death penalty, innocent murder defendants in white-victim cases are also more likely to be sentenced to life in prison than those charged with killing Black victims.”
Black people wrongfully convicted of murder also spent longer in prisoner before being exonerated than their white counterparts. Of the 75 innocent death-row defendants who spent 30 years or longer in prison before being exonerated, 67% are Black. “The racial pattern is similar for all murder exonerees, regardless of sentence,” the report notes. “Of the 181 exonerees who spent 25 years or longer in prison before release, 68% are Black; among the ten who lost 40 or more years to prison, it’s 80%.”
Official misconduct was rampant in wrongful murder convictions, and here too Black defendants disproportionally bore the brunt. The report found that “official misconduct is considerably higher among murder exonerations with Black defendants than those with white defendants, 78% (500/638) compared to 64% (236/369).” The overall rate of misconduct was higher in capital cases: 78% as opposed to 73% in non-capital murder convictions. Here, too, there were significant racial disparities: “85% (63/74) of Black exonerees who were sentenced to death were victims of official misconduct, compared to 70% (32/46) of white death-row exonerees,” the researchers found.
The report contained a somber warning about cases in which innocence has remained undetected or, if brought to the court’s attention has been left uncorrected. “Most innocent defendants who are convicted of crimes are not exonerated,” the Registry reported. “Judging from the rate of false conviction among death sentences,… several thousand defendants have been falsely convicted of murder in America in the past 40 years …, more than half of them were Black.”