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Exclusion of Extreme Jurors and Minority Representation: The Effect of Jury Selection Procedures

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  • Andrea Moro
  • Martin Van der Linden

Abstract

We compare two jury selection procedures meant to safeguard against the inclusion of biased jurors that are perceived as causing minorities to be under-represented. The Strike and Replace procedure presents potential jurors one-by-one to the parties, while the Struck procedure presents all potential jurors before the parties exercise their challenges. Struck more effectively excludes extreme jurors but leads to a worse representation of minorities. The advantage of Struck in terms of excluding extremes is sizable in a wide range of cases. In contrast, Strike and Replace better represents minorities only if the minority and majority are polarized. Results are robust to assuming the parties statistically discriminate against jurors based on group identity.

Suggested Citation

  • Andrea Moro & Martin Van der Linden, 2021. "Exclusion of Extreme Jurors and Minority Representation: The Effect of Jury Selection Procedures," Papers 2102.07222, arXiv.org, revised Aug 2023.
    • Handle: RePEc:arx:papers:2102.07222
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    References listed on IDEAS

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    1. Turner, Billy M. & Lovell, Rickie D. & Young, John C. & Denny, William F., 1986. "Race and peremptory challenges during voir dire: Do prosecution and defense agree?," Journal of Criminal Justice, Elsevier, vol. 14(1), pages 61-69.
    2. Shari Seidman Diamond & Destiny Peery & Francis J. Dolan & Emily Dolan, 2009. "Achieving Diversity on the Jury: Jury Size and the Peremptory Challenge," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(3), pages 425-449, September.
    3. Francis X. Flanagan, 2018. "Race, Gender, and Juries: Evidence from North Carolina," Journal of Law and Economics, University of Chicago Press, vol. 61(2), pages 189-214.
    4. Mario L. Small & Devah Pager, 2020. "Sociological Perspectives on Racial Discrimination," Journal of Economic Perspectives, American Economic Association, vol. 34(2), pages 49-67, Spring.
    5. Steven J. Brams & Morton D. Davis, 1978. "Optimal Jury Selection: A Game-Theoretic Model for the Exercise of Peremptory Challenges," Operations Research, INFORMS, vol. 26(6), pages 966-991, December.
    6. Francis X. Flanagan, 2015. "Peremptory Challenges and Jury Selection," Journal of Law and Economics, University of Chicago Press, vol. 58(2), pages 385-416.
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    More about this item

    JEL classification:

    • J14 - Labor and Demographic Economics - - Demographic Economics - - - Economics of the Elderly; Economics of the Handicapped; Non-Labor Market Discrimination
    • J16 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Gender; Non-labor Discrimination
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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