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Minority Salience and Criminal Justice Decisions

Author

Listed:
  • Hanemaaijer, Kyra

    (Erasmus University Rotterdam)

  • Ketel, Nadine

    (Vrije Universiteit Amsterdam)

  • Marie, Olivier

    (Erasmus University Rotterdam)

Abstract

When decision-makers overemphasize salient features under limited attention, biased decisions can result in settings in which decisions should be unbiased. We exploit a sudden shock in the salience of individuals of Moroccan descent in the Netherlands to test the vulnerability of decisions of various actors in the Dutch criminal justice system to biases. Using high-quality data on decisions made from arrest through appeal in the Dutch CJS, we find that the sentence length of individuals of Moroccan descent convicted of a crime increased by 79% after the shock. Heterogeneity analyses indicate that more-experienced judges mitigate this effect. Finally, we find suggestive evidence of longer-term costs for defendants of Moroccan descent in that their labor income drops by 40% over the four years following their judgment of conviction.

Suggested Citation

  • Hanemaaijer, Kyra & Ketel, Nadine & Marie, Olivier, 2024. "Minority Salience and Criminal Justice Decisions," IZA Discussion Papers 17396, Institute of Labor Economics (IZA).
    • Handle: RePEc:iza:izadps:dp17396
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    References listed on IDEAS

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    1. David Arnold & Will Dobbie & Peter Hull, 2022. "Measuring Racial Discrimination in Bail Decisions," American Economic Review, American Economic Association, vol. 112(9), pages 2992-3038, September.
    2. Brendon McConnell & Imran Rasul, 2021. "Contagious Animosity in the Field: Evidence from the Federal Criminal Justice System," Journal of Labor Economics, University of Chicago Press, vol. 39(3), pages 739-785.
    3. Mark Hoekstra & CarlyWill Sloan, 2022. "Does Race Matter for Police Use of Force? Evidence from 911 Calls," American Economic Review, American Economic Association, vol. 112(3), pages 827-860, March.
    4. Amanda Y. Agan, 2024. "Racial Disparities in the Criminal Legal System: Shadows of Doubt and Beyond," Journal of Economic Literature, American Economic Association, vol. 62(2), pages 761-806, June.
    5. 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.
    6. Pauline Grosjean & Federico Masera & Hasin Yousaf, 2023. "Inflammatory Political Campaigns and Racial Bias in Policing," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 138(1), pages 413-463.
    7. Bindler, Anna & Machin, Stephen & Hjalmarsson, Randi & Rubio-Ramos, Melissa, 2023. "Murphy’s Law or Luck of the Irish? Disparate Treatment of the Irish in 19th Century Courts," CAGE Online Working Paper Series 661, Competitive Advantage in the Global Economy (CAGE).
    8. Bindler, Anna Louisa & Hjalmarsson, Randi & Machin, Stephen Jonathan & Rubio, Melissa, 2023. "Murphy's Law or luck of the Irish? Disparate treatment of the Irish in 19th century courts," LSE Research Online Documents on Economics 121339, London School of Economics and Political Science, LSE Library.
    9. Felipe Goncalves & Steven Mello, 2021. "A Few Bad Apples? Racial Bias in Policing," American Economic Review, American Economic Association, vol. 111(5), pages 1406-1441, May.
    10. Olivier Marie & Paolo Pinotti, 2024. "Immigration and Crime: An International Perspective," Journal of Economic Perspectives, American Economic Association, vol. 38(1), pages 181-200, Winter.
    11. Moses Shayo & Asaf Zussman, 2011. "Judicial Ingroup Bias in the Shadow of Terrorism," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 126(3), pages 1447-1484.
    12. 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.
    13. M. Marit Rehavi & Sonja B. Starr, 2014. "Racial Disparity in Federal Criminal Sentences," Journal of Political Economy, University of Chicago Press, vol. 122(6), pages 1320-1354.
    14. David S. Abrams & Marianne Bertrand & Sendhil Mullainathan, 2012. "Do Judges Vary in Their Treatment of Race?," The Journal of Legal Studies, University of Chicago Press, vol. 41(2), pages 347-383.
    15. Samantha Bielen & Peter Grajzl, 2021. "Prosecution or Persecution? Extraneous Events and Prosecutorial Decisions," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 18(4), pages 765-800, December.
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    More about this item

    Keywords

    salience; minority; criminal justice system; Netherlands;
    All these keywords.

    JEL classification:

    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • D83 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Search; Learning; Information and Knowledge; Communication; Belief; Unawareness

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