Impartial Judges? Race,Institutional Context,and U.S. State Supreme Courts

Abstract

We address a fundamental question in judicial politics: other factors being equal, do African-American judges behave differently than white judges? Many presume that white judges differ from their minority counterparts in terms of sentencing, deliberation, and propensity to overturn decisions. However, to date, little empirical evidence exists to suggest systematic differences in behavior between these judges. Here, we utilize the newly created judge-level U.S. State Supreme Court Database to assess whether judicial decisionmaking is affected by the race of the judge. Looking at all criminal cases decided by U.S. state supreme court judges from 1995 to 1998, we find evidence of differences between white and non-white judges, but only in states lacking an intermediate appellate court. This finding suggests the effects of race on judicial decisionmaking are conditioned by the institutional structure of the court system.