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Mary R. Rose

Bio: Mary R. Rose is an academic researcher from American Bar Foundation. The author has contributed to research in topics: Jury & Peremptory challenge. The author has an hindex of 1, co-authored 1 publications receiving 49 citations.

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TL;DR: This paper found no association between race and selection for a jury, and only a modest relationship for gender and selection, and the null finding for race masks a pattern of strikes by each party: Whites were likely to be excused by the defense, and African Americans by the state.
Abstract: Some view the peremptory challenge as crucial to a fair jury selection process, whereas for others, it is a tool for invidious race or gender discrimination. Nevertheless, debates utilize little empirical data regarding uses of this challenge. Data are reported from observation of a small number of criminal trials in one, largely biracial southeastern county. In the aggregate, there was no association between race and selection for a jury, and only a modest relationship for gender and selection. However, the null finding for race masks a pattern of strikes by each party: When dismissed, Whites were likely to be excused by the defense, and African Americans by the state. A trial-by-trial analysis showed that when disparities between venire and jury composition existed, the direction usually pointed to overrepresentation of African Americans and women on juries. Despite limited generalizability, the data suggest the need for a more informed debate about the peremptory challenge's use in modern criminal trials.

49 citations


Cited by
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Journal ArticleDOI
TL;DR: The authors examined the impact of jury racial composition on trial outcomes using a unique data set of felony trials in Florida between 2000 and 2010, finding evidence that juries formed from all-white jury pools convict black defendants significantly more often than white defendants and this gap in conviction rates is entirely eliminated when the jury pool includes at least one black member.
Abstract: This paper examines the impact of jury racial composition on trial outcomes using a unique data set of felony trials in Florida between 2000 and 2010. We utilize a research design that exploits day-to-day variation in the composition of the jury pool to isolate quasi-random variation in the composition of the seated jury, finding evidence that: (i) juries formed from all-white jury pools convict black defendants significantly (16 percentage points) more often than white defendants and (ii) this gap in conviction rates is entirely eliminated when the jury pool includes at least one black member. The impact of jury race is much greater than what a simple correlation of the race of the seated jury and conviction rates would suggest. These findings imply that the application of justice is highly uneven and raise obvious concerns about the fairness of trials in jurisdictions with a small proportion of blacks in the jury pool.

170 citations

Journal ArticleDOI
TL;DR: The authors examined the impact of jury racial composition on trial outcomes using a data set of felony trials in Florida between 2000 and 2010, finding evidence that juries formed from all-white jury pools convict black defendants significantly more often than white defendants and this gap in conviction rates is entirely eliminated when the jury pool includes at least one black member.
Abstract: This paper examines the impact of jury racial composition on trial outcomes using a data set of felony trials in Florida between 2000 and 2010. We utilize a research design that exploits day-to-day variation in the composition of the jury pool to isolate quasi-random variation in the composition of the seated jury, finding evidence that: (i) juries formed from all-white jury pools convict black defendants significantly (16 percentage points) more often than white defendants and (ii) this gap in conviction rates is entirely eliminated when the jury pool includes at least one black member. The impact of jury race is much greater than what a simple correlation of the race of the seated jury and conviction rates would suggest. These findings imply that the application of justice is highly uneven and raise obvious concerns about the fairness of trials in jurisdictions with a small proportion of blacks in the jury pool.

139 citations

Journal ArticleDOI
TL;DR: The relationship between race and jury decision making is a controversial topic that has received increased attention in recent years as discussed by the authors, while public and media discourse has focused on anecdotal evidence in the form of high-profile cases.
Abstract: The relationship between race and jury decision making is a controversial topic that has received increased attention in recent years. While public and media discourse has focused on anecdotal evidence in the form of high-profile cases, legal researchers have considered a wide range of empirical questions including: To what extent does the race of a defendant affect the verdict tendencies of juries? Is this influence of race comparable for jurors of different races? In what ways does a jury's racial composition affect its verdict and deliberations? The present review examines both experimental and archival investigations of these issues. Though the extant literature is not always consistent and has devoted too little attention to the psychological mechanisms underlying the influence of race, this body of research clearly demonstrates that race has the potential to impact trial outcomes. This is a conclusion with important practical as well as theoretical implications when it comes to ongoing debates regarding jury representativeness, how to optimize jury performance, jury nullification and racial disparities in the administration of capital punishment. Language: en

84 citations

Posted Content
TL;DR: Results demonstrate that race does influence peremptory use, but these judgments are typically justified in race-neutral terms that effectively mask the biasing effects of race.
Abstract: The peremptory challenge remained an inviolate jury selection tool in the United States until the Supreme Court's decision in Batson v. Kentucky (1986). Batson's prohibition against race-based peremptories was based on two assumptions: 1) a prospective juror's race can bias jury selection judgments; 2) requiring attorneys to justify suspicious peremptories enables judges to determine whether a challenge is, indeed, race-neutral. The present investigation examines these assumptions through an experimental design using three participant populations: college students, advanced law students, and practicing attorneys. Results demonstrate that race does influence peremptory use, but these judgments are typically justified in race-neutral terms that effectively mask the biasing effects of race. The psychological processes underlying these tendencies are discussed, as are practical implications for the legal system.

60 citations