Racial diversity and group decision‐making in a mock jury experiment

Anne‐Marie Hakstian, Sophia R. Evett, James S. Hoffmann, Jane M. Marshall, Emory A. L. Boyland and Jerome D. Williams

Journal of Empirical Legal Studies, 2022, vol. 19, issue 4, 1253-1292

Abstract: The primary goal of this research was to determine whether the racial composition of a jury impacts the outcome and deliberation in a civil retail discrimination lawsuit. We presented a retail discrimination trial video to 30 separate mock juries. Of the 30 juries, 15 juries had 2 Black jurors, while the remaining 15 had no Black jurors (i.e., only White or White and Latinx participants). After watching the video, each mock jury was given 1 h to deliberate as if they were jurors deciding an actual case. Contrary to previous research, juries with Black jurors were no more likely to deliberate longer or consider more case facts. However, they were more likely to find for the plaintiff and award higher compensation. In addition, content analysis of the deliberation racial discourse revealed that some jurors espoused colorblind racial attitudes, minimizing the significance of race in this case and in society in general, and accusing the plaintiff of playing the “race card.” Other jurors encouraged understanding of the plaintiff and espoused non‐colorblind racial attitudes, recognizing the importance and damaging role of racism in American society. Implications for civil trials, jury selection, and racial discourse are discussed.

Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:wly:empleg:v:19:y:2022:i:4:p:1253-1292

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