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Racial Divisions and Criminal Justice: Evidence from Southern State Courts

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Listed:
  • Benjamin Feigenberg
  • Conrad Miller

Abstract

The US criminal justice system is exceptionally punitive. We test whether racial heterogeneity is one cause, exploiting cross-jurisdiction variation in punishment in four Southern states. We estimate the causal effect of jurisdiction on arrest charge outcome, validating our estimates using a quasi-experimental research design based on defendants charged in multiple jurisdictions. Consistent with a model of in-group bias in electorate preferences, the relationship between local punishment severity and black population share follows an inverted U-shape. Within states, defendants are 27%-54% more likely to be sentenced to incarceration in ‘peak’ heterogeneous jurisdictions than in homogeneous jurisdictions.

Suggested Citation

  • Benjamin Feigenberg & Conrad Miller, 2018. "Racial Divisions and Criminal Justice: Evidence from Southern State Courts," NBER Working Papers 24726, National Bureau of Economic Research, Inc.
  • Handle: RePEc:nbr:nberwo:24726
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    File URL: http://www.nber.org/papers/w24726.pdf
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    Cited by:

    1. Cunningham, Jamein & Feir, Donn. L. & Gillezeau, Rob, 2021. "Collective Bargaining Rights, Policing, and Civilian Deaths," IZA Discussion Papers 14208, Institute of Labor Economics (IZA).

    More about this item

    JEL classification:

    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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