[go: up one dir, main page]
IDEAS home Printed from https://ideas.repec.org/p/tse/iastwp/33150.html
   My bibliography  Save this paper

Machine Learning and Rule of Law

Author

Listed:
  • Chen, Daniel L.
Abstract
Predictive judicial analytics holds the promise of increasing the fairness of law. Much empirical work observes inconsistencies in judicial behavior. By predicting judicial decisions—with more or less accuracy depending on judicial attributes or case characteristics—machine learning offers an approach to detecting when judges most likely to allow extralegal biases to influence their decision making. In particular, low predictive accuracy may identify cases of judicial “indifference,” where case characteristics (interacting with judicial attributes) do no strongly dispose a judge in favor of one or another outcome. In such cases, biases may hold greater sway, implicating the fairness of the legal system.

Suggested Citation

  • Chen, Daniel L., 2018. "Machine Learning and Rule of Law," IAST Working Papers 18-88, Institute for Advanced Study in Toulouse (IAST).
    • Handle: RePEc:tse:iastwp:33150
    as

    Download full text from publisher

    File URL: http://iast.fr/pub/33150
    Download Restriction: no
    File URL: http://users.nber.org/~dlchen/papers/Machine_Learning_and_Rule_of_Law_LawAsData.pdf
    File Function: Full text
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. David S. Abrams & Marianne Bertrand & Sendhil Mullainathan, 2012. "Do Judges Vary in Their Treatment of Race?," The Journal of Legal Studies, University of Chicago Press, vol. 41(2), pages 347-383.
    2. Chen, Daniel L. & Halberstam, Yosh & Yu, Alan, 2016. "Covering: Mutable Characteristics and Perceptions of Voice in the U.S. Supreme Court," TSE Working Papers 16-680, Toulouse School of Economics (TSE), revised Feb 2020.
    3. 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.
    4. Devin G. Pope & Joseph Price & Justin Wolfers, 2018. "Awareness Reduces Racial Bias," Management Science, INFORMS, vol. 64(11), pages 4988-4995, November.
    5. Ozkan Eren & Naci Mocan, 2018. "Emotional Judges and Unlucky Juveniles," American Economic Journal: Applied Economics, American Economic Association, vol. 10(3), pages 171-205, July.
    6. Max Schanzenbach, 2005. "Racial and Sex Disparities in Prison Sentences: The Effect of District-Level Judicial Demographics," The Journal of Legal Studies, University of Chicago Press, vol. 34(1), pages 57-92, January.
    7. 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.
    8. Ozkan Eren & Naci Mocan, 2016. "Emotional Judges and Unlucky Juveniles," Working Papers id:11299, eSocialSciences.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Chen, Daniel L., 2018. "Machine Learning and the Rule of Law," TSE Working Papers 18-975, Toulouse School of Economics (TSE).
    2. Chen, Daniel L. & Prescott, J.J., 2016. "Implicit Egoism in Sentencing Decisions: First Letter Name Effects with Randomly Assigned Defendants," IAST Working Papers 16-56, Institute for Advanced Study in Toulouse (IAST).
    3. Chen, Daniel L., 2018. "Judicial Analytics and the Great Transformation of American Law," TSE Working Papers 18-974, Toulouse School of Economics (TSE).
    4. Chen, Daniel L., 2018. "Judicial Analytics and the Great Transformation of American Law," IAST Working Papers 18-87, Institute for Advanced Study in Toulouse (IAST).
    5. Chen, Daniel L., 2016. "Priming Ideology: Why Presidential Elections Affect U.S. Judges," TSE Working Papers 16-681, Toulouse School of Economics (TSE), revised Aug 2016.
    6. Simone Bertoli & Morgane Laouenan & Jérôme Valette, 2022. "Border Apprehensions and Federal Sentencing of Hispanic Citizens in the United States," SciencePo Working papers Main hal-03818735, HAL.
    7. Samantha Bielen & Wim Marneffe & Naci H. Mocan, 2018. "Racial Bias and In-group Bias in Judicial Decisions: Evidence from Virtual Reality Courtrooms," NBER Working Papers 25355, National Bureau of Economic Research, Inc.
    8. 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).
    9. Crystal S. Yang, 2015. "Free at Last? Judicial Discretion and Racial Disparities in Federal Sentencing," The Journal of Legal Studies, University of Chicago Press, vol. 44(1), pages 75-111.
    10. Ramos Maqueda,Manuel & Chen,Daniel Li, 2021. "The Role of Justice in Development : The Data Revolution," Policy Research Working Paper Series 9720, The World Bank.
    11. Shumway, Clayson & Wilson, Riley, 2022. "Workplace disruptions, judge caseloads, and judge decisions: Evidence from SSA judicial corps retirements," Journal of Public Economics, Elsevier, vol. 205(C).
    12. Chris Birdsall & Seth Gershenson & Raymond Zuniga, 2020. "The Effects of Demographic Mismatch in an Elite Professional School Setting," Education Finance and Policy, MIT Press, vol. 15(3), pages 457-486, Summer.
    13. Philippe, Arnaud, 2017. "Gender disparities in criminal justice," TSE Working Papers 17-762, Toulouse School of Economics (TSE).
    14. Christian Dippel & Michael Poyker, 2023. "Do Private Prisons Affect Criminal Sentencing?," Journal of Law and Economics, University of Chicago Press, vol. 66(3), pages 511-534.
    15. Cécile Bourreau-Dubois & Myriam Doriat-Duban & Bruno Jeandidier & Jean-Claude Ray, 2023. "Do child support guidelines result in lower inter-judge disparity? The case of the French advisory child support guidelines," European Journal of Law and Economics, Springer, vol. 55(1), pages 87-116, February.
    16. 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).
    17. Peiyuan Li & Wei Li, 2024. "Wrongful convictions with Chinese characteristics," Economics of Transition and Institutional Change, John Wiley & Sons, vol. 32(1), pages 143-163, January.
    18. Ozkan Eren & Naci Mocan, 2021. "Juvenile Punishment, High School Graduation, and Adult Crime: Evidence from Idiosyncratic Judge Harshness," The Review of Economics and Statistics, MIT Press, vol. 103(1), pages 34-47, March.
    19. 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.
    20. Vadim Volkov, 2016. "Legal and Extralegal Origins of Sentencing Disparities: Evidence from Russia's Criminal Courts," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(4), pages 637-665, December.

    More about this item

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:tse:iastwp:33150. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: the person in charge (email available below). General contact details of provider: https://edirc.repec.org/data/iasttfr.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.