Another library visit, another really long paper
“A Model of Voting Behavior by State Court Justices in Death Penalty Panels” -Seong Min Wu
After finishing Seong Min Wu’s 107-page doctoral dissertation (not including references, just sayin’), I’m more seriously considering looking at personal characteristics of judges in relation to their rulings, but also wondering how much literature may have already been written on this subject. Surely, someone has taken advantage of the database she collected for her project: death penalty decisions of state supreme court justices in 30 states from 2000-2006.
The paper set out to investigate which extralegal factors influence judges’ decisions. These factors were separated into three sections: institutional, environmental, and personal.
Institutional factors include the party affiliation of the Governor at the time each judge took office and at the time of each of their decisions, and the majority party in the legislative branch at the time each judge took office and of each of their decisions. The study found the party of the judge at the time of a judge’s appointment to be significant
Envioronmental factors included the number of inmates on death row and the number of executions per year in the state. Both were found to increase a the likelihood that a judge uphold the death sentence, although the direction of causality between these two variables was unclear to the author.
Disturbing to Wu was the fact that one of the personal factors, race of the judge, was found to impact rulings. Sex was not found to be significant.
“I find it troubling that extralegal factors matter in judicial decision-making. According to my analysis, race does matter in decision-making--although it is not as significant as the key institutional variables in my analysis.”
Wu calls for a few different future studies to continue his progress. The first would be to examine how the defendant-victim dynamic affects judicial decisions. Another interesting study could be looking at the direction of causality between rulings and the environmental factors in Wu’s dissertation. This would require a difference-in-differences model.