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Abstract
In our lab, 299 real judges from seven major jurisdictions (Argentina, Brazil, China, France, Germany, India, and USA) spend up to fifty-five minutes to judge an international criminal appeals case and determine the appropriate prison sentence. The lab computer (i) logs their use of the documents (briefs, statement of facts, trial judgment, statute, precedent) and (ii) randomly assigns each judge (a) a horizontal precedent disfavoring, favoring, or strongly favoring defendant, (b) a sympathetic or an unsympathetic defendant, and (c) a short, medium, or long sentence anchor. Document use and written reasons differ between countries but not between common and civil law. Precedent effect is barely detectable and estimated to be less, and bounded to be not much greater than, that of legally irrelevant defendant attributes and sentence anchors.
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1 Lawrence R. Grove Professor, Harvard Law School , Cambridge, MA
2 CEO, Sinfonik Inc., New York , NY
3 Professor, Humboldt Universität zu Berlin, Faculty of Law , Berlin, Germany
4 William W. Cook Professor, University of Michigan Law School , Ann Arbor, MI, USA
5 Assistant Professor, The Chinese University of Hong Kong Shenzhen, School of Management and Economics , Shenzhen, PRC
6 Director, Ashoka University, Centre for Social and Behaviour Change , Sonipat, India
7 Professor, Universität Mannheim, Department of Law, Mannheim , Germany
8 CEO, Sinfonik Inc. , New York, NY, USA