Prosecution or Persecution? Extraneous Events and Prosecutorial Decisions

• Published in: Journal of empirical legal studies 2021-12, Vol.18 (4), p.765-800
• Main Authors: Bielen, Samantha, Grajzl, Peter
• Format: Article
• Language: English
• Subjects: Prosecutions; Violent crime
• ISSN: 1740-1453; 1740-1461
• DOI: 10.1111/jels.12301

In 2004, a Dutch‐Moroccan Islamic extremist in Amsterdam brutally murdered Theo van Gogh, a Dutch filmmaker known for his critique of Islam. Using a difference‐in‐differences approach, we show that, in Amsterdam, the assassination resulted in more than a 19‐percentage‐point increase in the likelihood of prosecution for unrelated violent crimes of male suspects born in Muslim‐majority countries. The effect is detectable during the first month following the murder but dissipates thereafter. We find no evidence of the murder's effect for nonviolent crimes and for violent crimes processed by other Dutch prosecution offices. Our findings are thus not consistent with a purely emotions‐based explanation of the murder's effect. Instead, our results are congruent with both a signaling explanation, whereby career‐motivated prosecutors chose to showcase their toughness, and a behavioral explanation entailing prosecutors' susceptibility to availability heuristic bias. On institutional grounds, we view the latter as more plausible than the former. Our article adds to an emerging literature demonstrating that extraneous events can critically shape criminal justice outcomes.