Relative Judgments
本文提出法官会根据案件在待办案件中的相对严重程度做出判决,并利用随机分配案件的外生变化识别出这种相对判断偏差。
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.