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Disparate treatment of the Irish in 19th Century English courtrooms

Author

Listed:
  • Bindler, Anna
  • Machin, Stephen
  • Hjalmarsson, Randi
  • Rubio-Ramos, Melissa

Abstract

This paper studies the effect of anti-Irish sentiment on 19th-century English jury decisions in criminal trials from London's Old Bailey. Using surnames to measure perceived ethnicity, Irish named defendants were 3% more likely to be convicted and 16% less likely to receive jury recommendations for mercy. Exploiting variation in expected punishment generated by the abolition of capital punishment, juries are shown to respond differently to extraneous factors when defendants were perceived as Irish. Similar patterns for Irish-named victims further support an interpretation based on ethnic animus. The disparities widened during the Irish Famine migration, and persisted thereafter.

Suggested Citation

  • Bindler, Anna & Machin, Stephen & Hjalmarsson, Randi & Rubio-Ramos, Melissa, 2026. "Disparate treatment of the Irish in 19th Century English courtrooms," LSE Research Online Documents on Economics 141218, London School of Economics and Political Science, LSE Library.
    • Handle: RePEc:ehl:lserod:141218
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    File URL: https://researchonline.lse.ac.uk/id/eprint/141218/
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    JEL classification:

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

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