Relative judgments

Adi Leibovitch*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

20 Scopus citations

Abstract

This paper presents a theory of relative judgments, suggesting that judges evaluate individual cases on the basis of how those cases are ranked in comparison to the other cases in their caseloads. Consequently, judges view a case more severely when their caseloads contain milder cases and more leniently when their caseloads contain graver cases. The paper develops a novel empirical identification strategy that exploits the properties of caseload distribution under random assignment of cases as a source of exogenous variation in judicial exposure to gravity. Using sentencing data, I construct a matched sample of judges randomly located at different ends of the caseloads distribution and demonstrate the existence of relative-judgment bias in their decisions. Judges exposed to lower levels of criminal gravity order longer sentences and are more likely to use the aggravated sentencing guidelines range or depart above the sentencing guidelines recommendations than judges exposed to higher levels of criminal gravity.

Original languageAmerican English
Pages (from-to)281-330
Number of pages50
JournalJournal of Legal Studies
Volume45
Issue number2
DOIs
StatePublished - Jun 2016
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2016 by The University of Chicago. All rights reserved.

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