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Politics in the Courtroom: Political Ideology and Jury Decision Making

Author

Listed:
  • Shamena Anwar
  • Patrick Bayer
  • Randi Hjalmarsson

Abstract

This paper uses data from the Gothenburg District Court in Sweden and a research design that exploits the random assignment of politically appointed jurors (termed nämndemän) to make three contributions to the literature on jury decision-making: (i) an assessment of whether systematic biases exist in the Swedish nämndemän system, (ii) causal evidence on the impact of juror political party on verdicts, and (iii) an empirical examination of the role of peer effects in jury decision-making. The results reveal a number of systematic biases: convictions for young defendants and those with distinctly Arabic names increase substantially when they are randomly assigned jurors from the far-right (nationalist) Swedish Democrat party, whereas convictions in cases with a female victim increase markedly when they are assigned jurors from the far-left (feminist) Vänster party. An analysis of peer effects implies that jurors from the far-left and far-right parties influence the votes of nämndemän from centrist parties in a way that is consistent with their respective party platforms. This analysis also suggests that at least some of these peer effects result in genuine changes of opinions (affecting trial outcomes), rather than vote changes motivated solely to reach unanimous decisions.

Suggested Citation

  • Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2019. "Politics in the Courtroom: Political Ideology and Jury Decision Making," Journal of the European Economic Association, European Economic Association, vol. 17(3), pages 834-875.
  • Handle: RePEc:oup:jeurec:v:17:y:2019:i:3:p:834-875.
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    File URL: http://hdl.handle.net/10.1093/jeea/jvy013
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    Cited by:

    1. Chen, Daniel L. & Philippe, Arnaud, 2023. "Clash of norms judicial leniency on defendant birthdays," Journal of Economic Behavior & Organization, Elsevier, vol. 211(C), pages 324-344.
    2. Fałkowski, Jan & Lewkowicz, Jacek, 2021. "Are Adjudication Panels Strategically Selected? The Case of Constitutional Court in Poland," International Review of Law and Economics, Elsevier, vol. 65(C).
    3. Chen, Daniel L. & Philippe, Arnaud, 2018. "Clash of norms: Judicial leniency on defendant birthdays," IAST Working Papers 18-76, Institute for Advanced Study in Toulouse (IAST).
    4. Kyra Hanemaaijer & Nadine Ketel & Olivier Marie, 2024. "Minority Salience and Criminal Justice Decisions," Tinbergen Institute Discussion Papers 24-065/V, Tinbergen Institute.
    5. repec:hal:journl:hal-03680153 is not listed on IDEAS
    6. Melcarne, Alessandro & Monnery, Benjamin & Wolff, François-Charles, 2022. "Prosecutors, judges and sentencing disparities: Evidence from traffic offenses in France," International Review of Law and Economics, Elsevier, vol. 71(C).
    7. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2019. "A Jury of Her Peers: The Impact of the First Female Jurors on Criminal Convictions," The Economic Journal, Royal Economic Society, vol. 129(618), pages 603-650.
    8. Ahrsjö, Ulrika & Niknami, Susan & Palme, Mårten, 2022. "Identity in Court Decision-Making," Working Paper Series 4/2022, Stockholm University, Swedish Institute for Social Research.
    9. Marcin, Isabel & Robalo, Pedro & Tausch, Franziska, 2019. "Institutional endogeneity and third-party punishment in social dilemmas," Journal of Economic Behavior & Organization, Elsevier, vol. 161(C), pages 243-264.
    10. David-Jan Jansen & Matthias Neuenkirch, 2017. "News Consumption, Political Preferences, and Accurate Views on Inflation," Research Papers in Economics 2017-03, University of Trier, Department of Economics.
    11. Bindler, Anna & Hjalmarsson, Randi, 2016. "The Fall of Capital Punishment and the Rise of Prisons: How Punishment Severity Affects Jury Verdicts," Working Papers in Economics 674, University of Gothenburg, Department of Economics.
    12. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2019. "A Jury of Her Peers: The Impact of the First Female Jurors on Criminal Convictions," The Economic Journal, Royal Economic Society, vol. 129(618), pages 603-650.
    13. Martén, Linna, 2015. "Political Bias in Court? Lay Judges and Asylum Appeals," Working Paper Series 2015:2, Uppsala University, Department of Economics.
    14. Anna Bindler & Randi Hjalmarsson, 2019. "Path Dependency in Jury Decision Making," Journal of the European Economic Association, European Economic Association, vol. 17(6), pages 1971-2017.

    More about this item

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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    1. Politics in the Courtroom: Political Ideology and Jury Decision Making (JEEA 2019) in ReplicationWiki

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