Revisiting Three Classic Papers on Judicial Punishment and Elections

• In Event: Examining Legal Dynamics in the Criminal Legal System

Abstract

Many studies suggest that elected officials court voters by changing their behavior during election season. This paper takes a fresh look at three canonical papers on electoral cycle effects in criminal sentencing. Using out-of-sample data over multiple cycles for elected judges in Washington, Pennsylvania, and Kansas, this paper attempts to replicate the finding that judges become more punitive as elections approach. In addition, we explore the mechanisms behind cycle effects through empirical tests. We conclude by discussing the relevance of research on cycle effects to normative debates about the role of elections in judicial politics.

Authors

• Donald P. Green, Columbia University

• Nat Rubin