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Clash of norms judicial leniency on defendant birthdays

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  • Chen, Daniel L.
  • Philippe, Arnaud

Abstract

We document judicial leniency on defendant birthdays across 4.8 million decisions. Our results are consistent with reference-dependent social preferences. First, French sentences are 1% fewer and around 5% shorter. Second, U.S. federal judges also round down sentences except when rounding up makes available sentencing reductions for good behavior. No leniency appears on the days before or after a defendant's birthday.

Suggested Citation

  • Chen, Daniel L. & Philippe, Arnaud, 2023. "Clash of norms judicial leniency on defendant birthdays," Journal of Economic Behavior & Organization, Elsevier, vol. 211(C), pages 324-344.
    • Handle: RePEc:eee:jeborg:v:211:y:2023:i:c:p:324-344
    DOI: 10.1016/j.jebo.2023.05.002
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    References listed on IDEAS

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    1. Arnaud Philippe & Aurélie Ouss, 2018. ""No Hatred or Malice, Fear or Affection": Media and Sentencing," Journal of Political Economy, University of Chicago Press, vol. 126(5), pages 2134-2178.
    2. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2019. "Politics in the Courtroom: Political Ideology and Jury Decision Making," Journal of the European Economic Association, European Economic Association, vol. 17(3), pages 834-875.
    3. Ozkan Eren & Naci Mocan, 2018. "Emotional Judges and Unlucky Juveniles," American Economic Journal: Applied Economics, American Economic Association, vol. 10(3), pages 171-205, July.
    4. Chen, Daniel L. & Moskowitz, Tobias J. & Shue, Kelly, 2016. "Decision-Making Under the Gambler’s Fallacy: Evidence From Asylum Courts, Loan Officers, and Baseball Umpires," IAST Working Papers 16-43, Institute for Advanced Study in Toulouse (IAST).
    5. Daniel L. Chen & Tobias J. Moskowitz & Kelly Shue, 2016. "Decision Making Under the Gambler’s Fallacy: Evidence from Asylum Judges, Loan Officers, and Baseball Umpires," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 131(3), pages 1181-1242.
    6. Carlos Berdejó & Daniel L. Chen, 2017. "Electoral Cycles among US Courts of Appeals Judges," Journal of Law and Economics, University of Chicago Press, vol. 60(3), pages 479-496.
    7. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2012. "The Impact of Jury Race in Criminal Trials," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 127(2), pages 1017-1055.
    8. Pedro Bordalo & Nicola Gennaioli & Andrei Shleifer, 2015. "Salience Theory of Judicial Decisions," The Journal of Legal Studies, University of Chicago Press, vol. 44(S1), pages 7-33.
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