Access to juries: Some puzzles regarding race and jury participation

Abstract

Purpose – This chapter discusses two puzzles emerging from the literature on race and the jury. First, although changes in laws and institutional practices have dramatically expanded jury participation, it is far from clear what additional changes would create more racially representative juries. Second, the push for racial diversity on juries stems, in part, from a belief that composition is related to decision making; nonetheless, empirical research typically fails to link jury composition and case outcomes.Methodology/approach – Through a review of recent research, I identify the bases for these puzzles, and I consider ways to advance the body of work on race and the jury.Findings – Studies on jury representativeness should simultaneously consider both institution-level and individual-level predictors of participation, examining in particular whether and how attitudes toward jury service differ across racial and ethnic groups. The literature would benefit most from longitudinal and multi-jurisdictional studies. Researchers on race and jury decision making should examine the reason why racial differences in attitudes and individual verdicts may not have an impact on case outcomes. By studying deliberating groups, scholars should consider whether any racial differences in viewpoints are substantively small, whether differences observed are ultimately irrelevant to group discussions, or whether group dynamics limit the participation and influence of racial minorities on mixed-race juries.Originality/value – This chapter advances the literature on race and the jury by considering both questions of representativeness and decision making and by critically examining a number of assumptions and accepted wisdom.

Citation

Rose, M.R. (2009), "Access to juries: Some puzzles regarding race and jury participation", Sandefur, R.L. (Ed.) Access to Justice (Sociology of Crime, Law and Deviance, Vol. 12), Emerald Group Publishing Limited, Leeds, pp. 119-144. https://doi.org/10.1108/S1521-6136(2009)0000012009