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

Author

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  • Moro, Andrea
  • Van der Linden, Martin
Abstract
We compare two established jury selection procedures meant to safeguard against the inclusion of biased jurors that are also perceived as causing minorities to be under-represented in juries. 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 vetoes. In equilibrium, Struck more effectively excludes extreme jurors than Strike and Replace but leads to a worse representation of minorities. Simulations suggest that the advantage of Struck in terms of excluding extremes is sizable in a wide range of cases. In contrast, Strike and Replace only provides a significantly better representation of minorities if the minority and majority are heavily polarized. When parameters are estimated to match the parties' selection of jurors by race with jury-selection data from Mississippi in trials against black defendants, the procedures' outcomes are substantially different, and the size of the trade-off between objectives can be quantitatively evaluated.

Suggested Citation

  • Moro, Andrea & Van der Linden, Martin, 2021. "Exclusion of Extreme Jurors and Minority Representation: The Effect of Jury Selection Procedures," MPRA Paper 106087, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:106087
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    File URL: https://mpra.ub.uni-muenchen.de/106087/1/MPRA_paper_106087.pdf
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    References listed on IDEAS

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    1. 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.
    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. 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.
    5. Francis X. Flanagan, 2015. "Peremptory Challenges and Jury Selection," Journal of Law and Economics, University of Chicago Press, vol. 58(2), pages 385-416.
    6. 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.
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    Cited by:

    1. Salvador Barberà & Danilo Coelho, 2024. "Mechanisms to Appoint Arbitrator Panels or Sets of Judges by Compromise Between Concerned Parties," Working Papers 1442, Barcelona School of Economics.

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    More about this item

    Keywords

    Jury selection; Peremptory challenge; Minority representation; Gender representation;
    All these keywords.

    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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