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Forecasting Life and Death: Juror Race, Religion, and Attitude toward the Death Penalty

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  • Eisenberg, Theodore
  • Garvey, Stephen P
  • Wells, Martin T

Abstract

Determining whether race, sex, or other juror characteristics influence how capital case jurors vote is difficult. Jurors tend to vote for death in more egregious cases and for life in less egregious cases no matter what their own characteristics. And a juror's personal characteristics may get lost in the process of deliberation because the final verdict reflects the jury's will, not the individual juror's. Controlling for the facts likely to influence a juror's verdict helps isolate the influence of a juror's personal characteristics. Examining each juror's first sentencing vote reveals her own judgment before the majority works its will. Race, religion, and how strongly the juror believes death is the appropriate punishment for murder influence a capital juror's first vote, which usually determines the final vote. Because black jurors are rarely a majority of the jury's members, majority rule usually means white rule. Copyright 2001 by the University of Chicago.

Suggested Citation

  • Eisenberg, Theodore & Garvey, Stephen P & Wells, Martin T, 2001. "Forecasting Life and Death: Juror Race, Religion, and Attitude toward the Death Penalty," The Journal of Legal Studies, University of Chicago Press, vol. 30(2), pages 277-311, Part I Ju.
    • Handle: RePEc:ucp:jlstud:v:30:y:2001:i:2:p:277-311
    DOI: 10.1086/322060
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    Cited by:

    1. Nancy J. King & Rosevelt L. Noble, 2005. "Jury Sentencing in Noncapital Cases: Comparing Severity and Variance with Judicial Sentences in Two States," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 2(2), pages 331-367, July.
    2. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2014. "The Role of Age in Jury Selection and Trial Outcomes," Journal of Law and Economics, University of Chicago Press, vol. 57(4), pages 1001-1030.

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