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

Andrea Moro and Martin Van der Linden

MPRA Paper from University Library of Munich, Germany

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.

Keywords: Jury selection; Peremptory challenge; Minority representation; Gender representation (search for similar items in EconPapers)
JEL-codes: J14 J16 K14 K40 (search for similar items in EconPapers)
Date: 2021-02-12
New Economics Papers: this item is included in nep-law and nep-ore
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

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Related works:
Working Paper: Exclusion of Extreme Jurors and Minority Representation: The Effect of Jury Selection Procedures (2023)
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Persistent link: https://EconPapers.repec.org/RePEc:pra:mprapa:106087

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