Discussion paper

DP20357 Minority Salience and Criminal Justice Decisions

Decision-makers can exhibit biases when they overemphasize particularly salient features under limited attention. We exploit a sudden salience shock involving individuals of Moroccan descent to examine biases within the Dutch criminal justice system. The salience shock concerned the assassination of a defense attorney by organized crime and thus specifically targeted the justice system. Leveraging high-quality data covering arrest through appeal, we find no impact on police or prosecutor decisions but uncover a 72% increase in sentence lengths imposed by judges on salient individuals. Heterogeneity analyses suggest that judge experience with minority suspects can mitigate bias in these more discretionary decisions.

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Citation

Hanemaaijer, K, N Ketel and O Marie (2025), ‘DP20357 Minority Salience and Criminal Justice Decisions‘, CEPR Discussion Paper No. 20357. CEPR Press, Paris & London. https://cepr.org/publications/dp20357