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

Author

Listed:
  • 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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    Cited by:

    1. Flanagan, Francis X., 2025. "(Not) Canceling out the cross-section: Mitigating the effect of peremptory challenges on jury selection," International Review of Law and Economics, Elsevier, vol. 82(C).
    2. Danilo Coelho & Salvador Barberà, 2024. "Mechanisms to Appoint Arbitrator Panels or Sets of Judges by Compromise Between Concerned Parties," Working Papers 1442, Barcelona School of Economics.

    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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