IDEAS home Printed from https://ideas.repec.org/a/ucp/jlawec/doi10.1086-684040.html
   My bibliography  Save this article

Peremptory Challenges and Jury Selection

Author

Listed:
  • Francis X. Flanagan

Abstract

I examine how peremptory challenges, which are vetoes that attorneys may use to reject prospective jurors, affect jury composition. The purpose of peremptory challenges is to eliminate biased jurors; however, I show that under the two most common rules used in the United States, peremptory challenges actually increase the probability of juries composed entirely of members on one extreme or another of some ideological spectrum. I then show that it is not possible to design a peremptory-challenge procedure that unambiguously makes such juries less likely. I show that if unanimity is required for conviction, the distribution of juror types is symmetric about some mean type, and each attorney has the same number of challenges, then challenges benefit the prosecution.

Suggested Citation

  • Francis X. Flanagan, 2015. "Peremptory Challenges and Jury Selection," Journal of Law and Economics, University of Chicago Press, vol. 58(2), pages 385-416.
  • Handle: RePEc:ucp:jlawec:doi:10.1086/684040
    as

    Download full text from publisher

    File URL: http://dx.doi.org/10.1086/684040
    Download Restriction: Access to the online full text or PDF requires a subscription.

    File URL: http://dx.doi.org/10.1086/684040
    Download Restriction: Access to the online full text or PDF requires a subscription.

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Steve Alpern & Shmuel Gal, 2009. "Analysis and design of selection committees: a game theoretic secretary problem," International Journal of Game Theory, Springer;Game Theory Society, vol. 38(3), pages 377-394, November.
    2. Geoffroy de Clippel & Kfir Eliaz & Brian Knight, 2014. "On the Selection of Arbitrators," American Economic Review, American Economic Association, vol. 104(11), pages 3434-3458, November.
    3. repec:cup:apsrev:v:94:y:2000:i:02:p:375-393_22 is not listed on IDEAS
    4. Alpern, Steve & Gal, Shmuel & Solan, Eilon, 2010. "A sequential selection game with vetoes," Games and Economic Behavior, Elsevier, vol. 68(1), pages 1-14, January.
    5. Joseph Kadane & Christopher Stone & Garrick Wallstrom, 1999. "The Donation Paradox for Peremptory Challenges," Theory and Decision, Springer, vol. 47(2), pages 139-155, October.
    6. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2012. "The Impact of Jury Race in Criminal Trials," The Quarterly Journal of Economics, Oxford University Press, vol. 127(2), pages 1017-1055.
    7. Arthur Roth & Joseph B. Kadane & Morris H. Degroot, 1977. "Optimal Peremptory Challenges in Trials by Juries: A Bilateral Sequential Process," Operations Research, INFORMS, vol. 25(6), pages 901-919, December.
    8. Mustard, David B, 2001. "Racial, Ethnic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts," Journal of Law and Economics, University of Chicago Press, vol. 44(1), pages 285-314, April.
    9. Schwartz, Edward P & Schwartz, Warren F, 1996. "The Challenge of Peremptory Challenges," Journal of Law, Economics, and Organization, Oxford University Press, vol. 12(2), pages 325-360, October.
    10. Gerardi, Dino & Yariv, Leeat, 2007. "Deliberative voting," Journal of Economic Theory, Elsevier, vol. 134(1), pages 317-338, May.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Van der Linden, Martin, 2017. "Impossibilities for strategy-proof committee selection mechanisms with vetoers," Journal of Mathematical Economics, Elsevier, vol. 73(C), pages 111-121.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ucp:jlawec:doi:10.1086/684040. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Journals Division). General contact details of provider: http://www.journals.uchicago.edu/JLE/ .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.