Equality Before the Law in U.S. Civil War Courts-Martial

We examine disparities in acquittal rates and sentencing for Black and White soldiers in the US Civil War using all general courts-martial. We find that Blacks were disproportionately punished for group actions like mutiny and for violent crimes involving group violence, suggesting fears of large-scale rebellion influenced justice. However, we also uncover a system that was fair relative to many modern criminal courts in acquittals and in death sentences. The needs of the Army pushed towards fairness.