Equality before the law? The effect of judges' background on their decision-making

Being tried in an impartial court is a fundamental human right and means that everyone should be treated fairly in a trial regardless of gender, socio-economic background and ethnicity. Understanding whether the opinions and values of judges and jurors influence their decisions is therefore fundamental to ensuring equality before the law. However, there is currently very limited knowledge about the extent to which courts are impartial. This research project aims to analyze whether discrimination occurs in the Swedish legal system. From a research point of view, the Swedish court system offers a unique opportunity to investigate this, as it is random which judge and which members of the jury judge a particular criminal case. Common methodological problems such as the correlation of the judge's background with the nature of the criminal case can thus be avoided. The availability of Swedish register data also makes it possible to study the impact of background characteristics such as socio-economic background, gender, ethnicity and criminal history. The fact that jury members participate also allows us to examine whether political views influence decision-making in the courts. No previous study has been able to combine detailed register data with an experimental research design to answer this question in a credible way. Our research contribution will thus be of great importance for both the political debate and international research in this area.