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    argued that the executions and commutations of soldiers were not based on

    characteristics of the soldiers and were instead random. In this paper, I argue

    that an Irish background seems to have no significant effect on executions

    and commutations but more data is needed.

    1 Introduction and Literature Review

    1.1Motivation

    The motivation for this paper is twofold: the first to see if the executions

    and commutations were biased against the Irish minority and secondly to

    see if the executions and commutations were essentially random. Exploring

    these two motivations would allow us to address the question of whether

    historians have an accurate claim in saying that the Irish were discriminated

    against and secondly, would allow us to use this data set as a random

    experiment to address if the death penalty has a deterrent effect on crime.

    Studies done on race and prison sentences in United States federal courts

    system have shown there to be a slight to moderate bias against minorities.

    Even after controlling for socio-economic characteristics, minorities, Blacks

    and Hispanics in particular, are more likely to receive a harsher sentence

    than their white counterparts (Demuth and Steffensmeir, 2000). Other

    studies have suggested that the bias also extends to decisions regarding

    probation, where minorities are again less likely to be given probation when

    the option is available, and have found that certain minorities are more likely

    to receive harsh sentences for particular transgression (Mustard, 2001).

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    Much has also been stated about the deterrence effect of the death

    penalty. Proponents of the death penalty cite the potential deterrent effects

    of the death penalty, while others argue that the deterrent effect may not be

    significant. According to basic economic theory, and basic intuition,

    increasing the costs of an activity ought to decrease incentive for that

    activity. Thus, it would seem reasonable to conclude that the death penalty

    acts a deterrent to criminal activity; however, studies have found no

    deterrent effect (Donohue and Wolfers, 2006). However, a problem in

    analyzing death penalty data is the difficulty in disentangling the various

    causal effects of crime (Chen and Horton, 2008). By showing that the

    executions and commutations by the British in WWI were essentially random,

    the data can be drawn upon to test the deterrent effect of the death penalty.

    2. Historical Information

    The British militarys decision to sentence over 3,000 of its own soldiers to

    death in WWI, and actually executing about 10% of such cases, was an

    unprecedented move. Prior to WWI military executions by the British

    government were rare even for serious transgressions; however, 2,007 of the

    3,055 soldiers given the death sentence were tried for desertion (McHugh,

    1999). Many commanders in the British military viewed the death penalty as

    an essential tool in limiting disciplinary issues (French 1998). Since over

    3,000 soldiers were sentenced to death but only 355 were actually executed,

    some historians have suggested the military employed an implicit policy on

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    the confirmation of death sentences that amounted to a form of

    bureaucratic decimation (Oram, 2003). In particular, capital punishment

    was used as a means to combat the high desertion rates that the British

    were facing. Military commanders were trying to balance executing too few

    or too many soldiers while maintaining morale and avoiding public scrutiny

    (Oram, 2003, Chen and Horton 2008).

    Each execution had to be approved by the Commander-In-Chief of the

    military, who was presented a briefing regarding the merits of the case and

    information regarding the soldiers ability and past record. Decisions were

    usually made within two weeks, and the soldiers were typically executed 24

    hours after being made aware of the decision (Chen and Horton, 2008). The

    process also allowed for an appeals process in which the soldier could

    petition the King for a commutation within 24 hours of when the execution

    was to be administered but historians have stated that most soldiers were

    not aware of the appellate procedure and therefore the death penalty was

    more likely to have a deterrent effect (French, 1998).

    It is important to note that there have been mixed reviews given to the

    Irish and their fighting ability in WWI. Some historians have stated that the

    Irish were aware of the poor disciplinary records (Bowman, 2003). Others

    have argued that the Irish fought more valiantly than other soldiers as

    evidenced by the number of Victoria Crosses received by Irish soldiers

    (MacDonagh, 1917). MacDonagh states that 221 Victoria Crosses were

    awarded to soldiers by the end of WWI, but had every group received Victoria

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    Crosses at the same rate as Irish soldiers, the number would have been

    around 350.

    3. Data

    Our data is comprised of a data set of capital cases, data set of absentee

    lists recorded by the British government, and a data set of Irish last names.

    The capital cases data set has 3,342 observations which are recorded from

    October 1914 to September 1923. The capital cases data set includes the

    soldiers name, unit, rank, date of death sentence, offence, final sentence,

    location of the theatre of operation, reference number (as in the national

    archives), age at time of execution, division, brigade and other information.

    The absentee data set contains 2019 observations from 1914 to 1917 which

    records details of soldiers who were reported to be absent during roll call.

    The data contains the name of soldiers, their military number, rank, unit,

    date the soldier was reported absent, age, height, description and who filed

    the report.

    This paper examines the randomness of military executions and military

    commutations by using data from capital cases and data from absentee lists.

    Since the motivation for the paper is partially driven by the deterrence effect

    of the death penalty, we will be only looking at soldiers who were tried for

    desertion, since desertions make up 2,007 of the 3,342 observations in the

    capital data set.

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    The paper attempts to examine randomness by correlating a binary

    variable of died (which tells us if the soldier was actually executed) with a

    binary variable of whether the soldier is Irish (as determined by the soldiers

    last name). I will also run various regressions to see if other variables such as

    the year of the sentence are significant in predicting military executions.

    Furthermore, I will look at whether the Irish were more or less likely to

    receive a full pardon (meaning that the case was thrown out and no

    punishment was given), while again using various regressions which will try

    to control for other variables. To use more descriptive variables I merge the

    capital case data and the absentee data (on last name first initial and year)

    to use descriptive characteristics as control variables. Since the outcome

    variables (died and fullpardon) are binary variables the paper relies on using

    logit and probit regressions to account for any non-linearity.

    Secondly, the paper examines whether the Irish are more like to be

    absent during roll call as this would provide the British military with a rational

    reason to execute more Irish soldiers as the necessity of a deterrent would

    be greater. This will be especially important if it turns out that the Irish were

    more likely to be executed for desertion than their colleagues were.

    Essentially, if the Irish were more likely to be absent, then it would make

    strategic sense to punish the Irish more, and therefore may lead to a non-

    random implementation of the death penalty.

    There is a concern that if Irish soldiers are being discriminated against

    for non-desertion crimes the impact of this discrimination may influence an

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    Irish soldiers decision to desert. For instance, if an Irish soldier sees that

    smaller crimes such as sleeping are leading to executions, especially for Irish

    soldiers, the soldier may sense a bias and therefore be less inclined to

    commit a more egregious crime like desertion. Thus, the paper analyzes the

    effect of Irish on Died, FullPardon, and PartialCommute for Non-Desertion

    data as well. The paper then shifts focus slightly and examines whether

    those soldiers who attempted to desert on multiple occasions were more

    likely to be executed and if these soldiers were disproportionately Irish. In

    addition, the paper breaks down Non-Desertion crimes and analyzes if Irish is

    a significant predictor for any of these crimes. Finally, the paper attempts to

    disentangle the PartialCommute variable and breaks it down into Prison

    Sentences and Labor Sentences to check if the Irish were disproportionately

    given a certain type of sentence. We further break down the data and check

    if the Prison and Labor sentences received by Irish soldiers were more severe

    than the sentences received by their non-Irish colleagues.

    4. Empirical Strategy

    The empirical strategy is simple and straightforward, I look at the

    impact variables like Irish have on the binary variables of Died, FullPardon

    and PartialCommute. (Died=0 if not executed and =1 if executed,

    FullPardon=0 if a sentences was received and =1 if no sentence was

    received, and PartialCommute=1 if a sentence other than execution was

    received and =0 if no sentence was received.) I do this by running OLS

    regressions, followed by Logit and Probit regressions due to the dependent

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    variables being binary. The OLS regressions are intended to simply provide a

    general idea of the effect of our explanatory variables while the Logit and

    Probit models should do a better job of measuring the significance of each

    explanatory variable. When exploring the impact of a variable with multiple

    categories, for instance, sentence length isnt entirely continuous but is more

    categorical since one can receive a 6 month sentence, 1 yr sentence, but

    rarely receives a 272 day sentence; in these cases I use an ordered probit

    specification.

    4.1 Specifications

    OLS Regression Specifications:

    iinii uYrs Irish Died ++++= ...10 , iinii uYrs Irish Fullpardon ++++= ...10 ,

    iinii uYrs Irishmute Partialcom ++++= ...10

    Logit Regression Specifications:

    Pr( Died i = 1| Irish i,,Yrs i) = 1/(1+ e -( 0 + 1 Irish i + n Yrs i + ui) ),

    Pr( Fullpardon i = 1| Irish i,,Yrs i) = 1/(1+ e -( 0 + 1 Irish i + n Yrs i + ui) ),

    Pr( Partialcommute i = 1| Irish i,,Yrs i) = 1/(1+ e -( 0 + 1 Irish i + n Yrs i + ui) )

    Where 1/(1+ e -( 0 + 1X1 i+ + nXn i )) represents the cumulative standard logistic

    distribution function

    Probit Regression Specifications:

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    Pr( Died i = 1| Irish i,,Yrs i) = ( 0 + 1Irish i + nYrs i + u i), Pr( Fullpardon i = 1|

    Irish i,,Yrs i) = ( 0 + 1Irish i + nYrs i + u i) , Pr( Partialcommute i = 1| Irish i,,

    Yrs i) = ( 0 + 1Irish i + nYrs i + u i)

    Where is the cumulative normal distribution function

    Ordered Probit Predicted Probabilities:

    Pr( Offencenumber i = 1| Irish i) = ( c 1 1Irish i)

    Pr( Offencenumber i = 2| Irish i) = ( c 2 1Irish i) - ( c 1 1Irish i)

    . Pr( Offencenumber i = 6| Irish i) = 1- ( c 6 1Irish i)

    Where is the cumulative normal distribution function

    Note: In order to avoid redundancy the specific specification for

    each regression is not listed, but the above specifications cover all

    types of regressions used in this paper, the remaining regressions

    are variations that can be written by replacing/adding variables to

    the ones above.

    4.2 Choice of Controls

    Historians have argued that the capital cases suggest that there was

    bias based upon soldier characteristics such as race, ethnicity and physical

    characteristics that made the decision to execute or commute non-random.

    The racial and ethnic characteristic that historians have thought to be a

    significant is whether if the soldier is of Irish decent while the physical

    characteristics have been thought to include the soldiers height, age, etc.

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    Furthermore, running a simple correlation test between Died and Yr reveals a

    negative relationship, leading to some additional concern over whether

    executions were in fact completely random. We see a similar relationship

    when using the variable monthssincestart, which measures the number of

    months since the start of the war and monthsss2 which is just

    (monthssincestart)^2.

    We are able to address the concerns regarding racial, ethnic and year

    bias using the data that is provided in the capital cases data set which allows

    for these control variables. (The capital cases data set does include the age

    of soldiers that were executed, however it does not not include the age for

    any of the soldiers that were partially commuted or fully pardoned, meaning

    90% of the data on desertion would not include soldier age. Using any data

    from age from this data set would yield high standard errors.) In order to

    address the lack of descriptive variables available in the capital data set I

    chose to merge the capital cases data set with the absentees data set. The

    data was merged on the soldiers last name, first initial and year of absence/

    year of trial. After merging the two data sets, I proceeded to drop those

    observations in which the soldiers whose units did not match in both the

    capital cases and absentees data sets. Doing so we are left with only 37

    observations, but the merged dataset allows us to control for variables such

    as age and height in inches.

    Similarly, when analyzing the Absentee data set to check for whether

    the Irish were more likely to report absent in roll call, I attempted to control

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    for yrs and height in inches to help limit any possible bias. The Non

    Desertion, repeat offences, specific crimes, prison sentence and labor

    sentence regressions all use the same controls as the pre-merge Desertion

    data. These controls are used for the same reasons as before, and the reason

    for not attempting to merge with Absentee data to establish more control

    variables is due to the small number of observations we were left with after

    merging the Capital Cases and Absentee datasets.

    Controlling for these variables in the regressions should do two things;

    it should help omit any significant omitted variable bias that would otherwise

    be captured by Irish and should allow me to evaluate whether the effects of

    these control variables are significant enough to conclude non-randomness.

    5.1 Desertion Results

    Of the 2,007 soldiers who were sentenced to death for desertion, 405

    or about 20.2 percent of these soldiers were Irish. Of those who were actually

    executed (274 soldiers total) about 20.1 percent or 55 soldiers were Irish.

    Similarly, a total of 123 of the 2,007 soldiers received a full pardon and were

    ultimately given no sentence. Of these 123 soldiers, about 24.4 percent or

    30 soldiers were Irish. These summary statistics do not provide us with

    overwhelming evidence alone, but do suggest that the perceived bias in

    treatment of Irish versus non-Irish soldiers was not as prevalent as some

    historians have suggested. In order to address whether these differences are

    statistically significant the paper looks at the following regressions.

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    5.1a Desertion Executions

    The results of this paper lead us to believe that there is likely little bias

    for executions that was based on race. The preliminary regressions in which

    Died was regressed on Irish showed a small negative coefficient on Irish

    (contrary to what should have been seen according to historians) that was

    far from significant. However, when controlling for the time in which the

    sentence was given, we see that although the p-value on Irish does not

    change too much, Yrs and Monthssincestart turns out to be highly significant

    (see Table 1 regressions 4-9). Yrs and Monthssincestart are shown to have a

    negative effect on executions and are significant at 1 percent level. After

    merging the data with the absentee list, we see that the effect on Yrs

    becomes positive and is no longer statistically significant; this indicates

    either that the merge data points (only 37) are not representative of the

    2,007 data points from capital cases data set or that the standard errors are

    extremely high due to the lack of data. Thus, although Irish is shown to be

    significant when adding other control variables there is too little, and most

    likely a non-random sample of data after the merge occurred. These post-

    merge regressions can be seen in Table 1 in the Appendix.

    5.1b Desertion Full Pardons

    The summary statistics alone suggest that the Irish were more likely to

    be given full pardons than the rest of their colleagues, however on further

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    examination this seems to be inaccurate. Although all regressions showed a

    positive effect of being Irish on the likelihood of being give a full pardon, no

    regression showed this effect to be statistically significant even at the 10

    percent level. Like the case with executions, controlling for Yrs did not make

    the effect of Irish statistically significant but did show the effect of Yrs to be

    significant at even the 1 percent level (see Table 1 regressions 10-15). The

    regressions show a negative effect of Yrs on full pardons, meaning as the war

    went on a soldier was significantly less likely to receive a full pardon than

    earlier in the war. This is supported by the summary statistics, which show

    an initial increase in full pardons followed by a large decrease in full pardons

    (see appendix). Although the post-merge data for full pardons showed the

    sign on the coefficient of Yrs to be the same as in pre-merge data, I feel

    uncomfortable drawing any conclusions from the data due to the same

    concerns of it being not representative of the overall data.

    5.1c Desertion Partial Commutations

    In regressions 16-18 of Table 1 we see that more soldiers are partially

    pardoned as Yrs increases. The coefficient on Yrs is significant at the .1

    percent level. This information, combined with 5.1a and 5.1b tells us that as

    the war progressed the British military shifted away from executions and full

    pardons and towards partial pardons. So although fewer soldiers were being

    executed as time went on, fewer were also being fully pardoned. However,

    the interpretation of partial commutations is slightly nuanced; most soldiers

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    who received partial commutations were sentenced to either a prison

    sentence or a labor sentence of varying time periods- so two questions still

    remain, were the Irish more likely to receive a prison sentence or labor

    sentence than their non-Irish counterparts and within these sentences were

    the Irish subjected to longer sentences? Both questions are addressed in

    section 5.6 and 5.7.

    5.2 Absentee Data Results

    The absentee data did not reveal much in terms of showing that the

    Irish were more likely to be absent for roll call. Of the 1563, total soldiers that

    were reported absent 20.86 percent, or 326 of the soldiers were Irish. This

    number is similar to the percentage of soldiers sentenced to death for

    desertion who were Irish (20.2 percent). In regressions 1, 2 and 3 of Table 2,

    we check to see if yrs had any effect on the number of Irish soldiers

    reporting absent. Doing so, we were left with 1405 observations in which the

    variable yrs had a negative impact on Irish that was significant at the 5

    percent level. However, when running the same regressions but also

    controlling for height in inches in regressions 4, 5 and 6 (N=1069) we see

    that the negative coefficient on yrs is still there but it is no longer significant

    at the 5 percent level.

    5.3 Non-Desertion Results

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    Of the 1,335 soldiers who were sentenced to death for non desertion

    crimes, 233 or about 17.45 percent of these soldiers were Irish. Of those who

    were actually executed (166 soldiers total) about 12.7 percent or 21 soldiers

    were Irish. Similarly, a total of 109 of the 1,335 soldiers received a full

    pardon and were ultimately given no sentence. Of these 109 soldiers, about

    13.8 percent or 15 soldiers were Irish. Of the 1,059 soldiers receiving partial

    commutations, 18.6 percent or 197 soldiers were Irish. These summary

    statistics by themselves suggest little about whether there is significant

    evidence to show that the Irish were treated differently than other soldiers,

    but the following regressions attempt to show if this is the case.

    5.3a Non-Desertion Executions

    Looking at the summary statistics alone leads one to believe that the

    Irish were actually treated preferentially when it came to being executed. If

    there was a bias against Irish soldiers we wouldve expected to see more

    than 17.45 percent of the soldiers executed to be Irish, but Instead we found

    a figure almost 5 percent lower. Our suspicion that the Irish are being treated

    favorably with respect to executions is somewhat confirmed in regressions 1-

    12 of Table 3. All the regressions show that Irish has a negative effect on the

    likelihood of execution, but this coefficient is insignificant at the 5 percent

    level in all 12 regressions. What are significant are the time variables. The

    variable Yrs, has a positive effect on the chance of being executed which is

    significant even at the .1 percent level as seen in regressions 4-6. In

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    regressions 7-9 we see that this positive coefficient on time and this level of

    significance is maintained when we replace Yrs with Monthssincestart.

    Monthssincestart is still significant at the 1 percent level in both the probit

    and logit regressions when adding the squared term Monthsss2. These

    results show that contrary to desertion executions, non-desertion executions

    rose as the war went on. Fortunately, Yrs and Monthssincestart are variable

    that are easy to control for when attempting to analyze the deterrent effect

    of the death penalty.

    5.3b Non-Desertion Full pardons

    The summary data for non-desertion full pardons suggests the

    opposite of the data for non-desertion executions; it seems as if the Irish

    were discriminated against by being fully pardoned at a lower proportion

    than 17.45 percent. This negative relationship is upheld in Table 3

    regressions 13-18 of the non-desertion data, however, like before, the

    negative coefficient on Irish is insignificant in all of these regressions.

    Another departure from the results we found for non-desertion executions is

    seen with the fact that Yrs had an insignificant relationship with being fully

    pardoned (regressions 16-18). Although the coefficient on Yrs was negative

    in the desertion data as well as non-desertion data the fact that Yrs is

    insignificant for non-desertion data is surprising considering Yrs had been

    shown to be extremely significant (.1 percent level) in the desertion data.

    This suggests that there may be some unobservable difference between

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    desertion and non-desertion crimes, or a specific trend due to the nature of

    the fighting that is causing these somewhat inconsistent results.

    5.3c Non-Desertion Partial Commutations

    Like the case with the execution data, the numbers suggest that the

    Irish were more likely to be partially commuted compared to the proportion

    of Irish soldiers, although the difference is only about 1 percent. Again our

    first inclination is upheld in Table 3 regressions 19-21 where we see a

    positive coefficient on Irish, but as in 5.3b neither Irish nor Yrs had a

    significant effect on the dependent variable. Like in the full pardon data, we

    see a difference in desertion and non-desertion crimes since the coefficient

    on Yrs is not significant in our non-desertion data but is in the desertion data.

    5.4a Repeat Deserters and Execution

    If the administration of the death penalty was indeed random, we

    would expect that there would be no correlation between execution and the

    number of times a soldier had deserted. Whereas, if the commander in chief

    acted rationally, we would expect to see repeat deserters punished more

    severely. In order to test this I created a categorical variable, offencenumber,

    which is distributed from 1 to 6: 1 is a soldier who has deserted once, 2- a

    soldier who committed another offence in addition to desertion, 3- a soldier

    who deserted twice, 4- a soldier who deserted 3 times, 5- a soldier who

    committed another offence in addition to deserting 3 times and 6- a soldier

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    who deserted 4 times. Regressions 1-9 in Table 4 show that even when

    controlling for time using Yrs or Monthssincestart, offencenumber has a

    positive effect on execution that is significant at the .1 percent level in all 12

    regressions. Like in the 5.1a, we see that the time variables, Yrs and

    Monthssincestart have negative coefficients and are significant at the .1

    percent level. This is while Irish is insignificant, meaning that repeat

    offenders are more likely to be executed regardless of whether they are Irish.

    5.4b Repeat Deserters and Irish

    A possible concern from 5.4a is that the effect of being Irish is being

    picked up by being a repeat offender. Thus I used an ordered probit model to

    regress Irish on offencenumber. Doing so in regressions 10-12 of Table 4 we

    see that Irish an insignificant predictor of whether a soldier was a repeat

    offender. So it is unlikely that the effect of Irish is somehow being picked up

    by offencenumber in 5.4a. Furthermore, this finding only provides further

    evidence that the commander in chief was looking at case specifics, by

    looking at whether the soldier was a repeat offender, rather than randomly

    assigning the death penalty as some historians have suggested.

    5.5 Individual Crimes and Executions

    Having already analyzed desertion and whether Irish was a significant

    predictor, and having looked into whether all non-desertion crimes were

    significantly influenced by Irish there is still a concern that there may be

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    particular crimes within the non-desertion crimes for which the Irish are

    being asymmetrically executed. As mentioned earlier, if it turns out that the

    Irish are being disproportionately executed for smaller crimes such as

    sleeping it may provide Irish soldiers with a deterrent effect that carries over

    to desertion. Of the crimes listed in the capital cases data set I chose to only

    use those which had at least ten observations in order to somewhat minimize

    standard errors. Using this method there were 12 non-desertion crimes that I

    looked at: Against Inhab., Cowardice, Disobedience, Insubordination, Murder,

    Mutiny, Quitting, Rebellion, Sleeping, Striking, Treason and Violence. As

    shown in Table 5 the only crimes which yielded any significant results were

    Murder, and Sleeping. As seen in regressions 36-38 Yrs had statistically

    significant (at the 5 percent level) negative impact on the amount of soldiers

    who were executed for Murder. Similarly, regressions 68 and 70 show a

    positive effect of Yrs on died for those soldiers prosecuted for sleeping (also

    significant at the 5 percent level).

    5.6 Were Irish More Likely to Get Prison or Labor Sentences?

    To look at whether the Irish were more likely to receive a prison

    sentence or a labor sentence I created a new variable, commutetype, which

    equals 0 if the soldier was given a prison sentence and equals 1 if the soldier

    was given a labor sentence. In Table 6 we see that Irish is insignificant at

    predicting what type of sentence was received in all nine regressions.

    However, regressions 4-9 show that as time went on the British military

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    moved away from issuing labor sentences and towards prison sentences.

    This effect was significant even at the .1 percent significance level. As

    mentioned earlier, this doesnt tell us whether the Irish were being treated

    equally, as it doesnt address whether the lengths of the prison and labor

    sentences being received by Irish soldiers are commensurate with their non-

    Irish colleagues- this concern is addressed in the following two sections.

    5.7 Irish and Prison Sentences

    When disentangling whether the Irish are more likely to receive longer

    prison sentences, I created a new variable called sentencelengthordered. The

    variable is a categorical variable from 0-10 since there were 11 different

    prison sentences that were issued, ranging from 2 years to Life. Thus, a

    value of 0 corresponds to a 2 year sentence and 10 corresponds to a life

    sentence. Thus, since the dependent variable is a categorical variable and is

    not binary, we use ordered probit regressions in Table 7. Doing so we see

    that Irish is not a significant predictor, but the time variables Yrs and

    Monthssincestart are. Both Yrs and Monthssincestart have positive

    coefficients that are significant at the .1 percent level, meaning that as the

    war progressed there was increased likelihood of receiving an increased

    sentence.

    5.8 Irish and Labor Sentences

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    The same methodology that was used in section 5.7 was used to

    examine potential bias in labor sentences. Again, the categorical variable

    sentlenghtordered was created to span from 0 to 7 to correspond to

    sentences ranging from 168 days to Life respectively. Like with prison

    sentences, Irish was not a significant predictor for labor sentence length

    either but the time variables Yr and Monthssincestart were significantly

    positive at the .1 percent level (see Table 8). This means that the British

    were increasing sentence length for all partial commutations as the war went

    on.

    6. Possible Explanations

    The results from the data provide us with mixed results, when looking

    at desertion and non-desertion crimes the general theory put forward by

    those who believe the death penalty was used randomly as a deterrent tool.

    It makes sense for there to be a negative effect of Yrs on executions if the

    executions are being used as a deterrent since a high number of early

    executions would signal a serious attitude towards desertion, causing there

    to be less need for more executions later due to the lag effect of an

    execution. This would also explain why we say prison sentence and labor

    sentence lengths increase over time, if fewer people are being executed,

    those who may have been on the borderline of executions may instead be

    given life sentences. This also follows historical accounts that cite the

    growing opposition in parliament, especially amongst Liberal Party members,

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    towards military executions. However, there is a problem with this

    explanation: the repeat offenders data shows that the commander in chief

    was taking into account the soldiers priors when making the decision to

    execute, which is far from random. However, higher execution rates at the

    start of the war does not match the theory of some historians who have

    argued that the Irish became more likely to desert after Irish conscription

    began in 1918 as it made for lower likelihood of Irish home rule (Gregory and

    Peseta 2002).

    Similarly, a soldier being less likely to receive full pardons as the war

    went on seems reasonable under two possible theories. The first theory is

    that of experience; as the war proceeded, the British would have had a

    better understanding of which sentences would be upheld and which would

    be overturned by the Commander-In-Chief, therefore fewer egregious cases

    would be sentenced to death, therefore resulting in fewer full pardons. This

    explanation should also manifest itself in increasing execution rates as the

    war went on, since hypothetically only legitimate cases were being given the

    death sentence. This is actually confirmed when we look at non-desertion

    cases where we see that executions increased as the war went on, giving

    some credence to this theory. The second possible explanation is that the

    military was trying to avoid media and political attention due to its capital

    punishment policies and therefore a push away from executions as the war

    lingered on was counteracted with fewer full pardons in order to have a

    similar overall deterrent effect as earlier in the war.

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    6.1 Further Analysis

    Further analysis is required in order to comfortably conclude that the

    issuing of executions and commutations was randomly assigned, especially

    given the results regarding repeat offenders. Although Yrs has been shown to

    have a significant effect in almost all regressions, it would be appropriate to

    try to account for a soldiers other observable characteristics in order to see

    how much of this effect can in fact be attributed to years. The potential for

    omitted variable bias is therefore a reasonable threat that needs to be

    further explored. In order to address this concern it would be worthwhile to

    pursue a more complete absentee data set that extends beyond 1917. This

    would allow for better merging between the capital and absences data sets

    and would allow testing for historian claims, which have suggested a change

    in Irish attitude towards the war after 1918 as the year brought with it forced

    Irish conscription and dwindling prospects for Home Rule.

    7. Conclusion

    The execution of its own soldiers for desertion has been a controversial

    issue since a few years after WWI when the Labor Party brought the issue to

    Parliament in order to abolish military capital punishment. Since then claims

    by historians of discrimination against Irish soldiers have only made the

    somewhat tense race relations between Irish and non-Irish worse. To add

    another dimension to the issue, the British government recently decided to

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    pardon all executed soldiers from WWI posthumously due to a lack of

    understanding of shell shock by military leaders at the time. My analysis in

    this paper leads me to believe that the Irish werent discriminated against in

    the administration of the death penalty and other sentencing, but it is also

    unlikely that the decision making was truly random. There is still potential for

    this data to be used as a natural experiment if one is able to control for

    repeat offenders, and is somehow able to correctly assign a diminishing

    deterrent effect for the execution of a repeat offender. There is definitely

    potential for this data to be used effectively to measure the deterrence effect

    of the death penalty.