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Judicial Politics and Sentencing Decisions
Author(s) -
Alma Cohen,
Crystal Yang
Publication year - 2019
Publication title -
american economic journal economic policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 7.868
H-Index - 62
eISSN - 1945-7731
pISSN - 1945-774X
DOI - 10.1257/pol.20170329
Subject(s) - discretion , sentence , politics , sentencing guidelines , judicial discretion , baseline (sea) , democracy , political science , law , random assignment , economic justice , psychology , criminology , judicial review , medicine , computer science , pathology , artificial intelligence
This paper investigates whether judge political affiliation contributes to racial and gender disparities in sentencing using data on over 500,000 federal defendants linked to sentencing judge. Exploiting random case assignment, we find that Republican-appointed judges sentence black defendants to 3.0 more months than similar non-blacks and female defendants to 2.0 fewer months than similar males compared to Democratic-appointed judges, 65 percent of the baseline racial sentence gap and 17 percent of the baseline gender sentence gap, respectively. These differences cannot be explained by other judge characteristics and grow substantially larger when judges are granted more discretion.

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