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Descriptive Representation and Judicial Outcomes in Multiethnic Societies

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  • Guy Grossman
  • Oren Gazal‐Ayal
  • Samuel D. Pimentel
  • Jeremy M. Weinstein

Abstract

The extent to which judicial outcomes depend on judges' identities is a central question in multiethnic societies. Past work on the impact of the racial composition of appellate courts has narrowly focused on civil rights cases in the United States. We expand this literature by testing for ethnicity‐based panel effects in criminal appeals in Israel. Using randomness in the assignment of cases to panels, we find that appeal outcomes for Jewish defendants are independent of panels' ethnic composition. By contrast, panel composition is highly consequential for Arab defendants, who receive more lenient punishments when their case is heard by a panel that includes at least one Arab judge, compared to all‐Jewish panels. The magnitude of these effects is sizable: a 14–20% reduction in incarceration and a 15–26% reduction in prison sentencing. These findings contribute to recent debates on the relationship between descriptive representation and substantive outcomes in judicial bodies.

Suggested Citation

  • Guy Grossman & Oren Gazal‐Ayal & Samuel D. Pimentel & Jeremy M. Weinstein, 2016. "Descriptive Representation and Judicial Outcomes in Multiethnic Societies," American Journal of Political Science, John Wiley & Sons, vol. 60(1), pages 44-69, January.
    • Handle: RePEc:wly:amposc:v:60:y:2016:i:1:p:44-69
    DOI: 10.1111/ajps.12187
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    Cited by:

    1. Greg Goelzhauser, 2024. "Constitutional accountability for police shootings," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 21(1), pages 92-108, March.
    2. Sanjit Dhami & Emma Manifold & Ali al‐Nowaihi, 2021. "Identity and Redistribution: Theory and Evidence," Economica, London School of Economics and Political Science, vol. 88(350), pages 499-531, April.
    3. Ash, Elliott & Asher, Sam & Bhowmick, Aditi & Bhupatiraju, Sandeep & Chen, Daniel L. & Devi, Tatanya & Goessmann, Christoph & Novosad, Paul & Siddiqi, Bilal, 2022. "Measuring Gender and Religious Bias in the Indian Judiciary," TSE Working Papers 22-1395, Toulouse School of Economics (TSE).
    4. Christoph Engel, 2022. "Lucky you: Your case is heard by a seasoned panel—Panel effects in the German Constitutional Court," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 19(4), pages 1179-1221, December.
    5. Samantha Bielen & Peter Grajzl & Wim Marneffe, 2021. "Blame based on one's name? Extralegal disparities in criminal conviction and sentencing," European Journal of Law and Economics, Springer, vol. 51(3), pages 469-521, June.
    6. Christoph Engel, 2021. "Lucky You: Your Case is Heard by a Seasoned Panel – Panel Effects in the German Constitutional Court," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2021_05, Max Planck Institute for Research on Collective Goods, revised 01 Jun 2022.
    7. Mocan, Naci & Osborne-Christenson, Eric, 2022. "In-Group Favoritism and Peer Effects in Wrongful Acquittals: NBA Referees as Judges," IZA Discussion Papers 15195, Institute of Labor Economics (IZA).
    8. Tamar Kricheli‐Katz & Keren Weinshall, 2023. "Judging fast or slow: The effects of reduced caseloads on gender‐ and ethnic‐based disparities in case outcomes," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 20(4), pages 961-1004, December.
    9. Ozkan Eren & Naci H. Mocan, 2020. "Judge Peer Effects in the Courthouse," NBER Working Papers 27713, National Bureau of Economic Research, Inc.
    10. Chen,Daniel Li & Graham,Jimmy & Ramos Maqueda,Manuel & Singh,Shashank - DIME3, 2022. "Do Judges Favor Their Own Ethnicity and Gender ? Evidence from Kenya," Policy Research Working Paper Series 9956, The World Bank.

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