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Racial Disparities in Wiretap Applications before Federal Judges

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  • Thomas J. Miles

Abstract

Federal investigators must obtain permission from two authorities before wiretapping suspects: first from the Department of Justice (DOJ) and then from a court. The DOJ imposes a higher standard on the use of wiretaps than courts do, and, as a result, all wiretap applications reaching federal judges are legally sufficient and receive judicial approval. In this setting, prosecutors have no incentive to seek review from favorable judges, and a judge's identity should not correlate with the number of wiretap applications received. The paper tests this prediction using all wiretaps in federal criminal investigations during the years 1997-2007. Consistent with the prediction, judicial characteristics such as ideology and prior professional experience do not influence the number of wiretap applications a judge receives. But African American judges receive substantially fewer wiretap applications, even after numerous judicial and district characteristics are controlled for. The paper investigates several potential explanations for this disparity.

Suggested Citation

  • Thomas J. Miles, 2012. "Racial Disparities in Wiretap Applications before Federal Judges," The Journal of Legal Studies, University of Chicago Press, vol. 41(2), pages 419-458.
    • Handle: RePEc:ucp:jlstud:doi:10.1086/669607
    DOI: 10.1086/669607
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    1. Max M. Schanzenbach & Emerson H. Tiller, 2007. "Strategic Judging Under the U.S. Sentencing Guidelines: Positive Political Theory and Evidence," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(1), pages 24-56, April.
    2. Kate Antonovics & Brian G. Knight, 2009. "A New Look at Racial Profiling: Evidence from the Boston Police Department," The Review of Economics and Statistics, MIT Press, vol. 91(1), pages 163-177, February.
    3. Shamena Anwar & Hanming Fang, 2006. "An Alternative Test of Racial Prejudice in Motor Vehicle Searches: Theory and Evidence," American Economic Review, American Economic Association, vol. 96(1), pages 127-151, March.
    4. John Knowles & Nicola Persico & Petra Todd, 2001. "Racial Bias in Motor Vehicle Searches: Theory and Evidence," Journal of Political Economy, University of Chicago Press, vol. 109(1), pages 203-232, February.
    5. Joseph Price & Justin Wolfers, 2010. "Racial Discrimination Among NBA Referees," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 125(4), pages 1859-1887.
    6. Christina L. Boyd & Lee Epstein & Andrew D. Martin, 2010. "Untangling the Causal Effects of Sex on Judging," American Journal of Political Science, John Wiley & Sons, vol. 54(2), pages 389-411, April.
    7. Donohue, John J, III & Levitt, Steven D, 2001. "The Impact of Race on Policing and Arrests," Journal of Law and Economics, University of Chicago Press, vol. 44(2), pages 367-394, October.
    8. Marianne Bertrand & Dolly Chugh & Sendhil Mullainathan, 2005. "Implicit Discrimination," American Economic Review, American Economic Association, vol. 95(2), pages 94-98, May.
    9. Boylan, Richard T, 2004. "Salaries, Turnover, and Performance in the Federal Criminal Justice System," Journal of Law and Economics, University of Chicago Press, vol. 47(1), pages 75-92, April.
    10. Sean Farhang, 2004. "Institutional Dynamics on the U.S. Court of Appeals: Minority Representation Under Panel Decision Making," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 20(2), pages 299-330, October.
    11. 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.
    12. Moses Shayo & Asaf Zussman, 2011. "Judicial Ingroup Bias in the Shadow of Terrorism," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 126(3), pages 1447-1484.
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    Cited by:

    1. Thomas J. Miles, 2015. "Do Attorney Surveys Measure Judicial Performance or Respondent Ideology? Evidence from Online Evaluations," The Journal of Legal Studies, University of Chicago Press, vol. 44(S1), pages 231-267.

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