Study may show racial makeup of jury affects outcome

April 27, 2012
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Researchers led by Duke University examined the jury pools of two Florida counties over a 10-year period and found that all-white juries convicted black defendants nearly 16 percent more often than white defendants.

When there was at least one black member of the jury, that gap was nearly eliminated.

The researches used the two Florida counties because those counties had detailed statistical information about jury compositions available. They looked at data from 2000 to 2010 from noncapital felony criminal cases and studied the effects of age, race and gender of jury pools on conviction rates. Their article focuses on the racial aspect of juries.

Where there were no black jurors, black defendants were convicted 81 percent of the time; white defendants were convicted 66 percent of the time.

When there was at least one black juror, conviction rates for black defendants were 71 percent and 73 percent for white defendants. When blacks were in the jury pool, they were slightly more likely to be seated on a jury than whites. About 40 percent of the jury pools examined had no black members.

“The crossing pattern exhibited by our main findings thus leads to our final conclusion: that jurors of at least one race (and possibly both) either interpret evidence differently depending on the race of the defendant or use a standard of evidence that varies with the race of the defendant. Either possibility implies that the interaction of defendant and jury race fundamentally alters the mapping of evidence to conviction rates and, thus, that the impact of the racial composition of the jury pool (and seated jury) is a factor that merits much more attention and analysis to ensure the fairness of the criminal justice system,” the article states.

The study was published in the Quarterly Journal of Economics and conducted in part by staff in Duke’s economics department and researchers from Carnegie Mellon University and Queen Mary, University of London.

You can view the study online.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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