HKS Affiliated Authors


How do judges' previous professional experiences affect case outcomes? In this short article, we investigate the question by documenting the effect of judges' previous criminal justice experience on sentencing. Leveraging thousands of federal sentences from 2010 to 2019, we find that defendants with charges assigned to a former public defender are, on average, less likely to be incarcerated. In some cases, their sentences are also shorter, which we show is partially attributable to former defenders being less likely to give out extremely long sentences. The findings make two key contributions. First, they contribute to growing evidence of disparities in the criminal legal system, particularly those associated with judge characteristics. Second, the findings showcase the potential impact of judges' previous professional experience (as opposed to demographic characteristics) on decision-making. Both illustrate a new strategy in how political actors can influence policy through judicial selection on the basis of professional experience.