scispace - formally typeset
Search or ask a question
Topic

Peremptory challenge

About: Peremptory challenge is a research topic. Over the lifetime, 88 publications have been published within this topic receiving 502 citations.


Papers
More filters
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

Journal ArticleDOI
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

Journal ArticleDOI
TL;DR: The authors examined the effect of race on the use of race-neutral peremptory challenges in the United States and found that race does influence peremtory use, but these judgments are typically justified in race neutral terms that effectively mask the bias effects of race.
Abstract: Practically speaking, the peremptory challenge remained an inviolate jury selection tool in the United States until the Supreme Court's decision in Batson v. Kentucky. 476 U.S. 79 (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.

46 citations

Journal ArticleDOI
TL;DR: The authors apply a psychological framework to legal debate surrounding the impact of race on the process of jury selection to suggest that the discretionary nature of the peremptory challenge renders it precisely the type of judgment most likely to be biased by race.
Abstract: The legal system is a domain of potential relevance for psychologists, whether in the capacity of expert witness or citizen juror. In this article, the authors apply a psychological framework to legal debate surrounding the impact of race on the process of jury selection. More specifically, the authors consider race and the peremptory challenge, the procedure by which attorneys may remove prospective jurors without explanation. This debate is addressed from a psychological perspective by (a) examining traditional justifications for the practice of the peremptory challenge, (b) reviewing research regarding the influence of race on social judgment, (c) considering empirical investigations that examine directly race and peremptory challenge use, and (d) assessing current jury selection procedures intended to curtail racial discrimination. These analyses converge to suggest that the discretionary nature of the peremptory challenge renders it precisely the type of judgment most likely to be biased by race. The need for additional psychological investigation of race and jury selection is emphasized, and specific avenues for such research are identified.

40 citations

Journal ArticleDOI
TL;DR: This article examined how the jury selection process and jury size, two contested features of the jury system, affect diversity and concluded that diversity is most effectively promoted by restoring the 12-member jury.
Abstract: Diversity on the jury promotes the perceived fairness of the jury system Analyzing the jury selection and composition in 277 civil jury trials, we examine how the jury selection process and jury size, two contested features of the jury system, affect diversity We show that while peremptory challenges were systematically related to juror race/ethnicity, the opposing challenges cancelled each other out, producing no overall effect on the makeup of the jury In contrast, jury size had a substantial effect on minority representation We conclude that diversity is most effectively promoted by restoring the 12-member jury

25 citations


Network Information
Related Topics (5)
Constitutional law
11.5K papers, 86.3K citations
75% related
Supreme court
41.8K papers, 306.7K citations
74% related
Federalism
10.8K papers, 159.8K citations
72% related
Corporate law
9.3K papers, 148.4K citations
71% related
Affirmative action
8.1K papers, 167.5K citations
69% related
Performance
Metrics
No. of papers in the topic in previous years
YearPapers
20214
20202
20191
20182
20171
20165