Study may show racial makeup of jury affects outcome

April 27, 2012
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT
Sponsored by
ADVERTISEMENT
  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

ADVERTISEMENT