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Does introducing lay people in criminal courts affect judicial decisions? Evidence from French reform

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  • Philippe, Arnaud
Abstract
What is the effect of introducing jury members in criminal courts? While surveys regularly point out a demand by citizens for harsher punishment, the differences between surveys’ and real decisions’ conditions are large enough to cast a doubt on the results. The introduction of two jurors into a court composed of three professional judges in two French regions and for a subsample of crimes during sixteen months offers a good natural experiment. Difference-in-differences or triple-difference methods do not permit me to identify any major change in the probability of being convicted or in sentences given by a court including jurors. If some characteristics of the reform could partly explain those null results, they clearly go against the hypothesis of a major disagreement between professional judges and citizens when they have to make real decisions in criminal cases.

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  • Philippe, Arnaud, 2017. "Does introducing lay people in criminal courts affect judicial decisions? Evidence from French reform," International Review of Law and Economics, Elsevier, vol. 52(C), pages 1-15.
    • Handle: RePEc:eee:irlaec:v:52:y:2017:i:c:p:1-15
    DOI: 10.1016/j.irle.2017.07.004
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    References listed on IDEAS

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    1. Claire S. H. Lim & James M. Snyder Jr. & David Strömberg Jr., 2015. "The Judge, the Politician, and the Press: Newspaper Coverage and Criminal Sentencing across Electoral Systems," American Economic Journal: Applied Economics, American Economic Association, vol. 7(4), pages 103-135, October.
    2. Chen, Daniel L. & Moskowitz, Tobias J. & Shue, Kelly, 2016. "Decision-Making Under the Gambler’s Fallacy: Evidence From Asylum Courts, Loan Officers, and Baseball Umpires," IAST Working Papers 16-43, Institute for Advanced Study in Toulouse (IAST).
    3. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2014. "The Role of Age in Jury Selection and Trial Outcomes," Journal of Law and Economics, University of Chicago Press, vol. 57(4), pages 1001-1030.
    4. Adam N. Glynn & Maya Sen, 2015. "Identifying Judicial Empathy: Does Having Daughters Cause Judges to Rule for Women's Issues?," American Journal of Political Science, John Wiley & Sons, vol. 59(1), pages 37-54, January.
    5. Daniel L. Chen & Tobias J. Moskowitz & Kelly Shue, 2016. "Decision Making Under the Gambler’s Fallacy: Evidence from Asylum Judges, Loan Officers, and Baseball Umpires," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 131(3), pages 1181-1242.
    6. Steven D. Levitt & John A. List, 2007. "What Do Laboratory Experiments Measuring Social Preferences Reveal About the Real World?," Journal of Economic Perspectives, American Economic Association, vol. 21(2), pages 153-174, Spring.
    7. 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.
    8. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2012. "The Impact of Jury Race in Criminal Trials," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 127(2), pages 1017-1055.
    9. 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.
    10. Carlos Berdejó & Noam Yuchtman, 2013. "Crime, Punishment, and Politics: An Analysis of Political Cycles in Criminal Sentencing," The Review of Economics and Statistics, MIT Press, vol. 95(3), pages 741-756, July.
    11. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2012. "A Fair and Impartial Jury? The Role of Age in Jury Selection and Trial Outcomes," Working Papers 12-08, Duke University, Department of Economics.
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    Cited by:

    1. Grolleau, Gilles & Mungan, Murat C. & Mzoughi, Naoufel, 2022. "Seemingly irrelevant information? The impact of legal team size on third party perceptions," International Review of Law and Economics, Elsevier, vol. 71(C).
    2. Samantha Bielen & Peter Grajzl, 2021. "Prosecution or Persecution? Extraneous Events and Prosecutorial Decisions," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 18(4), pages 765-800, December.

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    More about this item

    Keywords

    Courts; Sentencing; Crime; Judicial decision; Jury members;
    All these keywords.

    JEL classification:

    • D83 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Search; Learning; Information and Knowledge; Communication; Belief; Unawareness
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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