Impending elections make trial judges sentence criminal defendants more harshly
Evidence
Yet even if voters in judicial elections do not directly affect the outcome of particular cases, their votes can still have an effect. The prospect of a forthcoming election may induce judges to consider community sentiments in their decisions. Research has shown that as the time for reelection approaches, trial judges become more punitive in sentencing defendants in criminal cases. Moreover, voters in judicial elections, like those in congressional elections, can select that candidate whose overall orientation most closely resembles their own. When they do so, they influence the general direction of judicial decisions, even if they do not determine the outcomes in particular cases. — G. Alan Tarr, Judicial Process and Judicial…, 431
Categorization
- XREF: Connects to literature in the chapter on whether judges act strategically or sincerely; also relevant to any course discussion of the merit-selection versus election debate in state judiciaries. — connects to: Elected judges may rationally impose biased sentences to match voters’ crime concerns; Electoral incentives can push judges toward racially disparate sentencing — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 792; Elected judges face re-election pressure that can push decisions away from law — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 780 (+4 more)
- corroborated: 2 independent passages support this claim — G. Alan Tarr, Judicial Process and Judicial…, 431
Broader Connections
- Elected judges may rationally impose biased sentences to match voters’ crime concerns
#corroborates(0.95) - Elected judges face re-election pressure that can push decisions away from law
#corroborates(0.90) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 780 - Elected judges may bend rulings toward voter preferences to secure re-election.
#corroborates(0.90) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 780 - Political selection fills the courts with judges holding established partisan views
#expands(0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2571 - Electoral incentives can push judges toward racially disparate sentencing
#expands(0.70) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 792 - Attack ads in judicial elections routinely distort candidates’ actual records
#responds-to(0.70) — G. Alan Tarr, Judicial Process and Judicial…, 590