Journal of Political Economy · 2017 · 37 citations · 39 references
Social SciencesCommunicationDecision SciencesDecision TheoryGame TheoryStrategic CommunicationDecision-making CommunicationJudicial BehaviorJudicial DiscretionJudicial PolicymakingMajority RulePublic DeliberationDeliberationDeliberation EffectsDeliberation TheoryPrivate Information RevelationStrategic Behavior Of JudgesStrategic Interaction Among JudgesStrategic Voting By Judges
We quantify the effect of deliberation on the decisions of US appellate courts. We estimate a model in which strategic judges communicate before casting their votes and then compare the probability of mistakes in the court with deliberation with a counterfactual of no communication. The model has multiple equilibria, and preferences and information parameters are only partially identified. We find that there is a range of parameters in the identified set—when judges tend to disagree ex ante or their private information is imprecise—in which deliberation can be beneficial; otherwise, deliberation reduces the effectiveness of the court.
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