Archive for September 16th, 2016

What Effect Does a Football Game Upset Have on Sentencing?

posted by Judge_Burke @ 14:30 PM
September 16, 2016

There has been some research by the Brennan Center for Justice which suggests that judges who are up for election tend to sentence more harshly.  But what if the judge is an avid college football fan and the judge’s favorite team loses in an upset? Surely that makes no difference in the sentencing outcome.

From a report in Inside Higher Education:

Judges whose college football teams lose in an upset fashion frequently let their emotions over the loss affect sentencing decisions, according to a new working paper published by the National Bureau of Economic Research.

To reach their conclusion, Naci Mocan and Ozkan Eren, both economics professors at Louisiana State University, examined every defendant case file from 1996 to 2012 for juveniles in the state of Louisiana. Each file contained information about the defendant, his or her offense, and sentence length. Most of the files also listed where the judges in the cases went to college and law school. The researchers then compared this information to LSU football game records.

Mocan and Eren found that in the week following LSU’s football team losing a game it was expected to win, judges with bachelor’s degrees from LSU doled out harsher sentences, especially to black juveniles. In some cases, a surprise LSU loss resulted in a sentence that was as much as 74 days longer than cases following an LSU win or cases decided by judges who graduated from other institutions. In total, the researchers said, juveniles spent an extra 1,332 days in custody or on probation because a judge may have been in “emotional shock” over an upset.

“These results provide evidence for the impact of emotions in one domain on a behavior in a completely unrelated domain among a uniformly highly educated group of individuals (judges), with decisions involving high stakes (sentence lengths),” Mocan and Eren wrote. “They also point to the existence of a subtle and previously unnoticed capricious application of sentencing.” So far there is no reliable research on the effect professional football has on sentencing practices of judges.

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