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Motivational structures underlying judicial discretion: An information theoretic investigation

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  • Bhati, Avinash

Abstract

Judicial discretion has rightly been termed a puzzle. Given the several competing concerns that can influence judges when they sanction offenders and the institutional structures that typically constrain their decisions, the task of uncovering the motivational structures underlying judicial discretion has proven very challenging for scholars. This paper develops a behavioral model of federal judges exercising discretion pursuant to the Federal Sentencing Guidelines and derives testable implications regarding the amount of prison term they impose on convicted offenders. An information theoretic approach is used to investigate these assertions. The data reveal a host of information about judicial discretion including how various factors affect sanctioning decisions, how variation in case and offender attributes heighten or reduce judicial concerns, how judges juggle various competing concerns while exercising discretion, and how compliance with the guidelines competes with other judicial concerns.

Suggested Citation

  • Bhati, Avinash, 2009. "Motivational structures underlying judicial discretion: An information theoretic investigation," MPRA Paper 57834, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:57834
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    References listed on IDEAS

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    1. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    2. Anderson, James M & Kling, Jeffrey R & Stith, Kate, 1999. "Measuring Interjedge Sentencing Disparity: Before and After the Federal Sentencing Guidelines," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 271-307, April.
    3. Ryu, Hang K., 1993. "Maximum entropy estimation of density and regression functions," Journal of Econometrics, Elsevier, vol. 56(3), pages 397-440, April.
    4. Payne, A. Abigail, 1997. "Does inter-judge disparity really matter? An analysis of the effects of sentencing reforms in three federal district courts," International Review of Law and Economics, Elsevier, vol. 17(3), pages 337-366, September.
    5. Wu, Ximing, 2003. "Calculation of maximum entropy densities with application to income distribution," Journal of Econometrics, Elsevier, vol. 115(2), pages 347-354, August.
    6. Golan, Amos & Judge, George G. & Miller, Douglas, 1996. "Maximum Entropy Econometrics," Staff General Research Papers Archive 1488, Iowa State University, Department of Economics.
    7. Mustard, David B, 2001. "Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts," Journal of Law and Economics, University of Chicago Press, vol. 44(1), pages 285-314, April.
    8. Heckman, James, 2013. "Sample selection bias as a specification error," Applied Econometrics, Russian Presidential Academy of National Economy and Public Administration (RANEPA), vol. 31(3), pages 129-137.
    9. Unknown, 1958. "The Australian Agricultural Economics Society," Review of Marketing and Agricultural Economics, Australian Agricultural and Resource Economics Society, vol. 26(03), pages 1-1, September.
    10. Cohen, Mark A, 1991. "Explaining Judicial Behavior or What's "Unconstitutional" about the Sentencing Commission?," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 7(1), pages 183-199, Spring.
    11. Becker, Gary S, 1993. "Nobel Lecture: The Economic Way of Looking at Behavior," Journal of Political Economy, University of Chicago Press, vol. 101(3), pages 385-409, June.
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    More about this item

    Keywords

    Judicial discretion; utility maximization; information theory; limited discretionary regimes;
    All these keywords.

    JEL classification:

    • C51 - Mathematical and Quantitative Methods - - Econometric Modeling - - - Model Construction and Estimation
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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