Ethnic Bias in Judicial Decision Making
Evidence from Criminal Appeals in Kenya
Bibliographic Data
| ID | 3465151 |
|---|---|
| Authors | Donghyun Danny Choi (0000-0002-0470-4158, University of Pittsburgh, corresponding author), J Andrew Harris (0000-0001-7441-3578, New York University Abu Dhabi, corresponding author), Fiona Shen-Bayh (0000-0001-5243-2110, William & Mary, corresponding author) |
| Year | 2022 |
| Volume | 116 |
| Issue | 3 |
| Pages | 1067-1080 |
| Publication date | 2022-08-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Political Science Review (JOURNAL) |
| Journal identifiers | ISSN: 0003-0554 • E-ISSN: 1537-5943 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s000305542100143x |
| OpenAlex | W4211219697 |
| Language | EN |
| Citations received | 17 |
| References cited | 85 |
Understanding sources of judicial bias is essential for establishing due process. To date, theories of judicial decision making are rooted in ranked societies with majority-minority group cleavages, leaving unanswered which groups are more prone to express bias and whether it is motivated by in-group favoritism or out-group hostility. We examine judicial bias in Kenya, a diverse society that features a more complex ethnic landscape. While research in comparative and African politics emphasizes instrumental motivations underpinning ethnic identity, we examine the psychological, implicit biases driving judicial outcomes. Using data from Kenyan criminal appeals and the conditional random assignment of judges to cases, we show that judges are 3 to 5 percentage points more likely to grant coethnic appeals than non-coethnic appeals. To understand mechanisms, we use word embeddings to analyze the sentiment of written judgments. Judges use more trust-related terms writing for coethnics, suggesting that in-group favoritism motivates coethnic bias in this context
Context (archaeology · Ethnic group · Geography · Hostility · Identity (music · In-group favoritism · Judicial discretion · Judicial opinion · Judicial review · Kenya · Political science · Politics · Social group · Social identity theory · Sociology · Culture, Economy, and Development Studies · Experimental Behavioral Economics Studies · Law · Psychology · Social and Intergroup Psychology · Social Psychology
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| Unique citing works | 17 |
|---|---|
| Citations per year | 5,67 |
| Citation span | 2023 - 2026 (4) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 17 |