Abstract
States often seek to regulate the use of police force though citizen complaint systems. This paper examines these systems, specifically, whether patterns of bias found in other juridical contexts are mirrored in the adjudication of police assault. The analysis focuses on prosecutors as the first instance of adjudication who determine whether to move forward with investigation, effectively deciding the majority of cases. We ask whether prosecutor sex is associated with the probability that a police assault claim will be investigated. We leverage a natural experiment in Sweden where prosecutors are assigned through a modified lottery system, effectively randomizing appointment. Our findings suggest that prosecutor gender plays a role in judicial outcomes: women prosecutors are 16 percentage points more likely to investigate claims of police assault than their male counterparts. These findings have implications for scholars interested in state human rights abuses, democratic institutions, and judicial inequality.
Highlights
Police violence is one of the most ubiquitous forms of state human rights abuse [1]
This article focuses on whether police assault claims are treated or whether patterns of bias found in other juridical contexts are mirrored in the adjudication of police assault
Most claims of abuse are determined by prosecutors when they decide whether to move forward with investigation and prosecution, making prosecutorial discretion central to the legal process
Summary
Police violence is one of the most ubiquitous forms of state human rights abuse [1]. While most legal systems provide allowances for use of force in the execution of their jobs, police officers can overstep these bounds and engage in practices that violate national and international laws. To ensure that the state exercises its monopoly on violence, many democracies have instituted systems designed to discipline police violations of citizens’ rights. We know from previous research, though, that in practice justice is rarely applied blindly; ascriptive traits have often been found to correlate with judicial outcomes. Most claims of abuse are determined by prosecutors when they decide whether to move forward with investigation and prosecution, making prosecutorial discretion central to the legal process. We ask whether the sex of the prosecutor is associated with the probability that a police assault claim will be investigated.
Sign-in/Register to view highlights & summary 
Published Version (
Free)
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
