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Politics in the Courtroom: Political Ideology and Jury Decision Making

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  • Shamena Anwar
  • Patrick Bayer
  • Randi Hjalmarsson

Abstract

This paper uses data from the Gothenburg District Court in Sweden and a research design that exploits the random assignment of politically appointed jurors (termed nämndemän) to make three contributions to the literature on jury decision-making: (i) an assessment of whether systematic biases exist in the Swedish nämndemän system, (ii) causal evidence on the impact of juror political party on verdicts, and (iii) an empirical examination of the role of peer effects in jury decision-making. The results reveal a number of systematic biases: convictions for young defendants and those with distinctly Arabic sounding names increase substantially when they are randomly assigned jurors from the far-right (nationalist) Swedish Democrat party, while convictions in cases with a female victim increase markedly when they are assigned jurors from the far-left (feminist) Vänster party. The results also indicate the presence of peer effects, with jurors from both the far-left and far-right parties drawing the votes of their more centrist peers towards their positions. Peer effects take the form of both sway effects, where jurors influence the opinions of their closest peers in a way that can impact trial outcomes, and dissent aversion, where jurors switch non-pivotal votes so that the decision is unanimous.

Suggested Citation

  • Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2015. "Politics in the Courtroom: Political Ideology and Jury Decision Making," NBER Working Papers 21145, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:21145
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    References listed on IDEAS

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    1. Jean N. Lee, 2017. "The Process is the Punishment: Juror Demographics and Case Administration in State Courts," American Law and Economics Review, American Law and Economics Association, vol. 19(2), pages 361-390.
    2. Christina L. Boyd & Lee Epstein & Andrew D. Martin, 2010. "Untangling the Causal Effects of Sex on Judging," American Journal of Political Science, John Wiley & Sons, vol. 54(2), pages 389-411, April.
    3. Ashenfelter, Orley & Eisenberg, Theodore & Schwab, Stewart J, 1995. "Politics and the Judiciary: The Influence of Judicial Background on Case Outcomes," The Journal of Legal Studies, University of Chicago Press, vol. 24(2), pages 257-281, June.
    4. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2014. "The Role of Age in Jury Selection and Trial Outcomes," Journal of Law and Economics, University of Chicago Press, vol. 57(4), pages 1001-1030.
    5. Matias Iaryczower & Matthew Shum, 2012. "The Value of Information in the Court: Get It Right, Keep It Tight," American Economic Review, American Economic Association, vol. 102(1), pages 202-237, February.
    6. 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.
    7. 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.
    8. Matthew Spitzer & Eric Talley, 2013. "Left, Right, and Center: Strategic Information Acquisition and Diversity in Judicial Panels," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(3), pages 638-680, June.
    9. Joshua B. Fischman, 2011. "Estimating Preferences of Circuit Judges: A Model of Consensus Voting," Journal of Law and Economics, University of Chicago Press, vol. 54(4), pages 781-809.
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    Citations

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    Cited by:

    1. 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.
    2. Fałkowski, Jan & Lewkowicz, Jacek, 2021. "Are Adjudication Panels Strategically Selected? The Case of Constitutional Court in Poland," International Review of Law and Economics, Elsevier, vol. 65(C).
    3. Chen, Daniel L. & Philippe, Arnaud, 2018. "Clash of norms: Judicial leniency on defendant birthdays," IAST Working Papers 18-76, Institute for Advanced Study in Toulouse (IAST).
    4. Hanemaaijer, Kyra & Ketel, Nadine & Marie, Olivier, 2024. "Minority Salience and Criminal Justice Decisions," IZA Discussion Papers 17396, Institute of Labor Economics (IZA).
    5. Anna Bindler & Randi Hjalmarsson, 2019. "Path Dependency in Jury Decision Making," Journal of the European Economic Association, European Economic Association, vol. 17(6), pages 1971-2017.
    6. repec:hal:journl:hal-03680153 is not listed on IDEAS
    7. Melcarne, Alessandro & Monnery, Benjamin & Wolff, François-Charles, 2022. "Prosecutors, judges and sentencing disparities: Evidence from traffic offenses in France," International Review of Law and Economics, Elsevier, vol. 71(C).
    8. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2019. "A Jury of Her Peers: The Impact of the First Female Jurors on Criminal Convictions," The Economic Journal, Royal Economic Society, vol. 129(618), pages 603-650.
    9. Ahrsjö, Ulrika & Niknami, Susan & Palme, Mårten, 2022. "Identity in Court Decision-Making," Working Paper Series 4/2022, Stockholm University, Swedish Institute for Social Research.
    10. Marcin, Isabel & Robalo, Pedro & Tausch, Franziska, 2019. "Institutional endogeneity and third-party punishment in social dilemmas," Journal of Economic Behavior & Organization, Elsevier, vol. 161(C), pages 243-264.
    11. David-Jan Jansen & Matthias Neuenkirch, 2017. "News Consumption, Political Preferences, and Accurate Views on Inflation," Research Papers in Economics 2017-03, University of Trier, Department of Economics.
    12. Bindler, Anna & Hjalmarsson, Randi, 2016. "The Fall of Capital Punishment and the Rise of Prisons: How Punishment Severity Affects Jury Verdicts," Working Papers in Economics 674, University of Gothenburg, Department of Economics.
    13. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2019. "A Jury of Her Peers: The Impact of the First Female Jurors on Criminal Convictions," The Economic Journal, Royal Economic Society, vol. 129(618), pages 603-650.
    14. Martén, Linna, 2015. "Political Bias in Court? Lay Judges and Asylum Appeals," Working Paper Series 2015:2, Uppsala University, Department of Economics.

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    More about this item

    JEL classification:

    • K0 - Law and Economics - - General
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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