Death penalty laws in the United States have overtly and covertly been applied according to the race of offender and victim. In 1972, the U.S. Supreme Court sought to eliminate this practice in Furman v. Georgia, in which it ruled that the death penalty was arbitrarily applied to the extent of constituting cruel and unusual punishment. The Court has continued to rule mandatory death penalty laws unconstitutional, but has upheld 'guided discretion' statutes, notably those of Florida, Texas, and Georgia. Subsequent research on the application of the death penalty has focused on presentencing, sentencing, and postsentencing criminal justice decisions. Recent research indicates racial bias in the application of death sentences has not been eliminated under the new laws. The problem is not so much the conscious intent to discriminate against blacks in the use of the death penalty, but there is a tacit bias built into the structure of the criminal justice system. Even when legally relevant case facts are controlled, racial bias is evident. 1 table, list of cases, and 54 references.