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Contagious Animosity in the Field: Evidence from the Federal Criminal Justice System

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  • Rasul, Imran
  • McConnell, Brendon

Abstract

A vast literature uses ingroup biases to explain animus towards others. The notion can be extended to multi-identity societies, where social preferences are defined over one ingroup and multiple outgroups. We use a novel research design to recover the structure of social preferences across outgroups in a high stakes setting. We investigate whether increased animosity towards Muslims post 9-11 had spillover effects on Black and Hispanic individuals in the federal criminal justice system. Using linked administrative data tracking defendants from arrest through to sentencing, we find that as 9-11 increased animosity towards Muslims, sentence and pre-sentence outcomes for Hispanic defendants significantly worsened. Outcomes for Black defendants were unchanged. We underpin a causal interpretation of our findings by providing evidence to support the identifying assumptions underlying the research design. The findings are consistent with judges and prosecutors displaying social preferences characterized by contagious animosity from Muslims to Hispanics. To understand why increased animosity towards Muslims post 9-11 could spillover onto Hispanics, we draw on work in sociology to detail how Islamophobia and immigration have become intertwined in American consciousness since the mid 1990s, but were forcefully framed together in the aftermath of 9-11. We narrow the interpretation of the results as being driven by social preference structures using decomposition analysis, and correlating sentencing differentials to judge characteristics, including their race/ethnicity. Our findings provide among the first field evidence of contagious animosity, so that social preferences across outgroups are interlinked and malleable

Suggested Citation

  • Rasul, Imran & McConnell, Brendon, 2020. "Contagious Animosity in the Field: Evidence from the Federal Criminal Justice System," CEPR Discussion Papers 14736, C.E.P.R. Discussion Papers.
  • Handle: RePEc:cpr:ceprdp:14736
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    References listed on IDEAS

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    1. Crystal S. Yang, 2016. "Resource Constraints and the Criminal Justice System: Evidence from Judicial Vacancies," American Economic Journal: Economic Policy, American Economic Association, vol. 8(4), pages 289-332, November.
    2. Hopkins, Daniel J., 2010. "Politicized Places: Explaining Where and When Immigrants Provoke Local Opposition," American Political Science Review, Cambridge University Press, vol. 104(1), pages 40-60, February.
    3. Kyung H. Park, 2017. "Do Judges Have Tastes for Discrimination? Evidence from Criminal Courts," The Review of Economics and Statistics, MIT Press, vol. 99(5), pages 810-823, December.
    4. Crystal S. Yang, 2015. "Free at Last? Judicial Discretion and Racial Disparities in Federal Sentencing," The Journal of Legal Studies, University of Chicago Press, vol. 44(1), pages 75-111.
    5. 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.
    6. Shayo, Moses, 2009. "A Model of Social Identity with an Application to Political Economy: Nation, Class, and Redistribution," American Political Science Review, Cambridge University Press, vol. 103(2), pages 147-174, May.
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    Cited by:

    1. Simone Bertoli & Morgane Laouenan & Jérôme Valette, 2022. "Border Apprehensions and Federal Sentencing of Hispanic Citizens in the United States," SciencePo Working papers Main hal-03818735, HAL.
    2. Tabellini, Marco & Fouka, Vasiliki, 2020. "Changing In-Group Boundaries: The Effect of Immigration on Race Relations in the US," CEPR Discussion Papers 14590, C.E.P.R. Discussion Papers.
    3. Mazumder, Soumyajit, 2019. "From Immigrants to Americans: Race and Assimilation during the Great Migration," OSF Preprints eka5y, Center for Open Science.
    4. Brendon McConnell & Kegon Teng Kok Tan & Mariyana Zapryanova, 2023. "How do Parole Boards Respond to Large, Societal Shocks? Evidence from the 9/11 Terrorist Attacks," Working Papers 2023-010, Human Capital and Economic Opportunity Working Group.
    5. Anna Bindler & Randi Hjalmarsson & Stephen Machin & Melissa Rubio-Ramos, 2023. "Murphy's Law or Luck of the Irish? Disparate Treatment of the Irish in 19th Century Courts," ECONtribute Discussion Papers Series 228, University of Bonn and University of Cologne, Germany.
    6. 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.
    7. Vasiliki Fouka & Soumyajit Mazumder & Marco Tabellini, 2019. "From Immigrants to Americans: Race and Assimilation during the Great Migration," Development Working Papers 445, Centro Studi Luca d'Agliano, University of Milano.
    8. Brendon McConnell, 2022. "Racial Sentencing Disparities and Differential Progression Through the Criminal Justice System: Evidence From Linked Federal and State Court Data," Papers 2203.14282, arXiv.org, revised Apr 2022.
    9. Francesco Giavazzi & Felix Iglhaut & Giacomo Lemoli & Gaia Rubera, 2020. "Terrorist Attacks, Cultural Incidents and the Vote for Radical Parties: Analyzing Text from Twitter," NBER Working Papers 26825, National Bureau of Economic Research, Inc.
    10. Vasiliki Fouka & Soumyajit Mazumder & Marco Tabellini, 2018. "From Immigrants to Americans: Race and Assimilation during the Great Migration," Harvard Business School Working Papers 19-018, Harvard Business School, revised Jun 2019.
    11. Daniel L. Chen & Markus Loecher, 2022. "Mood and the Malleability of Moral Reasoning: The Impact of Irrelevant Factors on Judicial Decisions," Working Papers hal-03864854, HAL.
    12. Andrew W. Nutting, 2023. "Geographic earnings inequality by race, 1960–2016," Journal of Regional Science, Wiley Blackwell, vol. 63(2), pages 290-339, March.
    13. Pauline Grosjean & Federico Masera & Hasin Yousaf, 2023. "Inflammatory Political Campaigns and Racial Bias in Policing," The Quarterly Journal of Economics, Oxford University Press, vol. 138(1), pages 413-463.
    14. Pauline Grosjean & Federico Masera & Hasin Yousaf, 2023. "Inflammatory Political Campaigns and Racial Bias in Policing," The Quarterly Journal of Economics, Oxford University Press, vol. 138(1), pages 413-463.
    15. 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).
    16. Ahrsjö, Ulrika & Niknami, Susan & Palme, Mårten, 2022. "Identity in Court Decision-Making," Working Paper Series 4/2022, Stockholm University, Swedish Institute for Social Research.
    17. Brodeur, Abel & Wright, Taylor, 2019. "Terrorism, immigration and asylum approval," Journal of Economic Behavior & Organization, Elsevier, vol. 168(C), pages 119-131.

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    More about this item

    JEL classification:

    • D91 - Microeconomics - - Micro-Based Behavioral Economics - - - Role and Effects of Psychological, Emotional, Social, and Cognitive Factors on Decision Making
    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination

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