Do Judges Favor Their Own Ethnicity and Gender? : Evidence from Kenya

Evidence from high-income countries suggests that judges often exhibit in-group bias, favoring litigants that share an identity with the judge. However, there is little evidence on this phenomenon from the Global South. Collecting the available uni...

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Main Authors: Chen, Daniel Li, Graham, Jimmy, Ramos Maqueda, Manuel, Singh, Shashank
Format: Working Paper
Language:English
Published: Washington, DC: World Bank 2022
Subjects:
Online Access:http://documents.worldbank.org/curated/en/114171646663154536/Do-Judges-Favor-Their-Own-Ethnicity-and-Gender-Evidence-from-Kenya
http://hdl.handle.net/10986/37108
id okr-10986-37108
recordtype oai_dc
spelling okr-10986-371082022-03-10T05:10:49Z Do Judges Favor Their Own Ethnicity and Gender? : Evidence from Kenya Chen, Daniel Li Graham, Jimmy Ramos Maqueda, Manuel Singh, Shashank LABOR FORCE PARTICIPATION DEVELOPMENT IMPACT EVALUATION LINEAR REGRESSION MODEL REDUCTION OF CORRUPTION ACCESS TO JUSTICE GENDER INEQUALITIES SEXUAL DISCRIMINATION Evidence from high-income countries suggests that judges often exhibit in-group bias, favoring litigants that share an identity with the judge. However, there is little evidence on this phenomenon from the Global South. Collecting the available universe of High Court decisions in Kenya, this paper leverages the random assignment of cases to judges to evaluate the existence of in-group bias along gender and ethnic lines. It finds that, relative to a baseline win rate of 43 percent, defendants are 4 percentage points more likely to win if they share the judge's gender and 5 percentage points more likely to win if they share the judge~^!!^s ethnicity. The paper finds that the written judgements are on average shorter and less likely to be cited when defendants who are of the same gender or ethnicity as the judge win their case. This is consistent with in-group biased decisions being of lower quality. In addition, the findings show that female defendants are less likely to win the case if the judge exhibits stereotypical or negative attitudes towards women in their writings. 2022-03-09T19:04:26Z 2022-03-09T19:04:26Z 2022-03-07 Working Paper http://documents.worldbank.org/curated/en/114171646663154536/Do-Judges-Favor-Their-Own-Ethnicity-and-Gender-Evidence-from-Kenya http://hdl.handle.net/10986/37108 English CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo World Bank Washington, DC: World Bank Policy Research Working Paper Publications & Research Africa Africa Eastern and Southern (AFE) Kenya
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language English
topic LABOR FORCE PARTICIPATION
DEVELOPMENT IMPACT EVALUATION
LINEAR REGRESSION MODEL
REDUCTION OF CORRUPTION
ACCESS TO JUSTICE
GENDER INEQUALITIES
SEXUAL DISCRIMINATION
spellingShingle LABOR FORCE PARTICIPATION
DEVELOPMENT IMPACT EVALUATION
LINEAR REGRESSION MODEL
REDUCTION OF CORRUPTION
ACCESS TO JUSTICE
GENDER INEQUALITIES
SEXUAL DISCRIMINATION
Chen, Daniel Li
Graham, Jimmy
Ramos Maqueda, Manuel
Singh, Shashank
Do Judges Favor Their Own Ethnicity and Gender? : Evidence from Kenya
geographic_facet Africa
Africa Eastern and Southern (AFE)
Kenya
description Evidence from high-income countries suggests that judges often exhibit in-group bias, favoring litigants that share an identity with the judge. However, there is little evidence on this phenomenon from the Global South. Collecting the available universe of High Court decisions in Kenya, this paper leverages the random assignment of cases to judges to evaluate the existence of in-group bias along gender and ethnic lines. It finds that, relative to a baseline win rate of 43 percent, defendants are 4 percentage points more likely to win if they share the judge's gender and 5 percentage points more likely to win if they share the judge~^!!^s ethnicity. The paper finds that the written judgements are on average shorter and less likely to be cited when defendants who are of the same gender or ethnicity as the judge win their case. This is consistent with in-group biased decisions being of lower quality. In addition, the findings show that female defendants are less likely to win the case if the judge exhibits stereotypical or negative attitudes towards women in their writings.
format Working Paper
author Chen, Daniel Li
Graham, Jimmy
Ramos Maqueda, Manuel
Singh, Shashank
author_facet Chen, Daniel Li
Graham, Jimmy
Ramos Maqueda, Manuel
Singh, Shashank
author_sort Chen, Daniel Li
title Do Judges Favor Their Own Ethnicity and Gender? : Evidence from Kenya
title_short Do Judges Favor Their Own Ethnicity and Gender? : Evidence from Kenya
title_full Do Judges Favor Their Own Ethnicity and Gender? : Evidence from Kenya
title_fullStr Do Judges Favor Their Own Ethnicity and Gender? : Evidence from Kenya
title_full_unstemmed Do Judges Favor Their Own Ethnicity and Gender? : Evidence from Kenya
title_sort do judges favor their own ethnicity and gender? : evidence from kenya
publisher Washington, DC: World Bank
publishDate 2022
url http://documents.worldbank.org/curated/en/114171646663154536/Do-Judges-Favor-Their-Own-Ethnicity-and-Gender-Evidence-from-Kenya
http://hdl.handle.net/10986/37108
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