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Errors and monotonicity in judicial decision-making

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  • Bhuller, Manudeep
  • Sigstad, Henrik

Abstract

Recent literature raises concerns about monotonicity conditions required to interpret IV estimates under heterogeneous effects. A prominent example involves random decision-maker IV designs where decision-makers exhibit systematic differences in both preferences and skills. We develop tests of monotonicity in the context of judicial decision-making using proxies of judicial errors based on appeals and reversals of trial decisions from Norwegian court records. Our tests fail to reject average monotonicity. This suggests that differences in stringencies across judges are not sufficiently driven by skills to raise concerns about the validity of the random judge IV literature.

Suggested Citation

  • Bhuller, Manudeep & Sigstad, Henrik, 2022. "Errors and monotonicity in judicial decision-making," Economics Letters, Elsevier, vol. 215(C).
    • Handle: RePEc:eee:ecolet:v:215:y:2022:i:c:s0165176522001203
    DOI: 10.1016/j.econlet.2022.110486
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    References listed on IDEAS

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    8. Brigham Frandsen & Lars Lefgren & Emily Leslie, 2023. "Judging Judge Fixed Effects," American Economic Review, American Economic Association, vol. 113(1), pages 253-277, January.
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    Cited by:

    1. Alexeev, Sergey & Weatherburn, Don, 2022. "Fines for illicit drug use do not prevent future crime: evidence from randomly assigned judges," Journal of Economic Behavior & Organization, Elsevier, vol. 200(C), pages 555-575.

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    Keywords

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    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • C36 - Mathematical and Quantitative Methods - - Multiple or Simultaneous Equation Models; Multiple Variables - - - Instrumental Variables (IV) Estimation

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