Lehmann, Jee-Yeon and Smith, Jeremy (2011): Attorney empowerment in Voir Dire and the racial composition of juries.
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Giving attorneys more power in the voir dire (jury selection) process may allow them to 1) find grounds for dismissal of jurors whom they wish to strike on a priori grounds; 2) acquire information that enables them to identify favorably-inclined jurors more precisely; or both. Attorneys who are more skilled can better use such increased power to retain the jurors they prefer. We show theoretically that, because defense attorneys prefer non-white jurors a priori, the interaction of empowerment and defense attorney skill should produce juries with a greater proportion of non-whites if only the first mechanism is operative, but need not have this effect if the second is operative. We then examine these issues using a detailed dataset on all non-capital felony trials in four large and diverse counties over a two-year period. We find that skilled and empowered attorneys can indeed stack juries by retaining jurors predisposed to their side at a greater rate, and that the distribution of relative attorney skill in our data is such that defendants benefit on average. However, we find that empowerment has a small and insignificant impact on the racial composition of the seated jury, regardless of attorney skill.
|Item Type:||MPRA Paper|
|Original Title:||Attorney empowerment in Voir Dire and the racial composition of juries|
|Keywords:||Discrimination, Voir Dire, Jury, Attorney Empowerment, Race|
|Subjects:||K - Law and Economics > K0 - General
D - Microeconomics > D8 - Information, Knowledge, and Uncertainty > D81 - Criteria for Decision-Making under Risk and Uncertainty
C - Mathematical and Quantitative Methods > C7 - Game Theory and Bargaining Theory > C73 - Stochastic and Dynamic Games ; Evolutionary Games ; Repeated Games
|Depositing User:||Jee-Yeon K. Lehmann|
|Date Deposited:||01. Feb 2012 21:43|
|Last Modified:||29. Jun 2015 08:16|
Abrams, David S., Marianne Bertrand, and Sendhil Mullainathan (2011) “Do Judges Vary in their Treatment of Race?” Journal of Legal Studies, forthcoming.
Abrams, David S. and Albert H. Yoon (2007) “The Luck of the Draw: Using Random Case Assignment to Investigate Attorney Ability,” University of Chicago Law Review, Vol. 74, pp. 1145–1148.
Alesina, Alberto F. and Eliana La Ferrara (2011) “A Test of Racial Bias in Capital Sentencing,” National Bureau of Economic Research Working Paper, No. 16981.
Anwar, Shamena, Patrick Bayer, and Randi Hjalmarsson (2011) “The Impact of Jury Race in Criminal Trials,” National Bureau of Economic Research Working Paper, No. 16366.
Bowers, William J., Benjamin D. Steiner, and Marla Sandys (2001) “Death Sentencing in Black and White: An Empirical Analysis of the Role of Jurors’ Race and Jury Racial Composition,” University of Pennsylvania Journal of Constitutional Law, Vol. 3, pp. 171–274.
Brams, Steven J. and Morton D. Davis (1978) “Optimal Jury Selection: A Game-Theoretic Model for the Exercise of Peremptory Challenges,” Operations Research, Vol. 26, No. 6, pp. 966–991.
DeGroot, Morris H. and Joseph B. Kadane (1980) “Optimal Challenges for Selection,” Operations Research, Vol. 28, No. 4, pp. 952–968.
Diamond, Shari S., Destiny Peery, Francis J. Dolan, and Emily Dolan (2009) “Achieving Diversity on the Jury: Jury Size and the Peremptory Challenge,” Journal of Empirical Legal Studies, Vol. 6, No. 3, pp. 425–449.
Feddersen, Timothy and Wolfgang Pesendorfer (1998) “Convicting the Innocent: The Inferiority of Unani- mous Jury Verdicts Under Strategic Voting,” American Political Science Review, Vol. 92, No. 1, pp. 23–35.
Ford, Roger Allen (2010) “Modeling the Effects of Peremptory Challenges on Jury Selection and Jury Verdicts,” George Mason Law Review, Vol. 17, pp. 377–381.
Gobert, James J., Ellen Kreitzberg, and Charles H. Rose (2009) Jury Selection: The Law, Art, and Science of Selecting a Jury: Eagan, MN: West.
Hannaford-Agor, Paula L., Valerie P. Hans, Nicole L. Mott, and G. Thomas Munsterman (2002) Are Hung Juries a Problem?: National Center for State Courts.
(2003) “Evaluation of Hung Juries in Bronx County, New York, Los Angeles County, California, Maricopa County, Arizona, and Washington, DC, 2000–2001,” National Center for State Courts User Guide. Williamsburg, VA: National Center for State Courts [producer]. Ann Arbor, MI: Interuniversity Consortium for Political and Social Research [distributor].
Hoffman, Morris B. (2006) “Unnatural Selection,” New York Times, March 6, 2006.
Kadane, Joseph B., Christopher A. Stone, and Garrick Wallstrom (1999) “The Donation Paradox for Peremptory Challenges,” Theory and Decision, Vol. 47, pp. 139–155.
￼Kadane, Joseph B. and David Kairys (1979) “Fair Numbers of Peremptory Challenges in Jury Trials,” Journal of the American Statistical Association, Vol. 74, No. 368, pp. 747–753.
King, Nancy J. (1993) “Postconviction Review of Jury Discrimination: Measuring the Effects of Juror Race on Jury Decisions,” Michigan Law Review, Vol. 92, No. 1, pp. 63–130.
Lee, Jean (2010) “Do Jurors Discriminate? Evidence from State Juror Selection Procedures,” 5th Annual Conference on Empirical Legal Studies Paper.
Lehmann, Jee-Yeon K. (2011) “Job Assignment and Promotion Under Statistical Discrimination: Evidence from the Early Careers of Lawyers.” Working paper available at http://www.uh.edu/ jlehman2/.
Lehmann, Jee-Yeon K. and Jeremy Blair Smith (2011) “Discrimination in Jury Selection: What Do Attorneys Want and Are They Right?” Unpublished Manuscript.
Mize, Hon. Gregory E., Paula Hannaford-Agor, and Nicole L. Waters (2007) “The State-of-the-States Sur- vey of Jury Improvement Efforts: A Compendium Report,” National Center for State Courts, Char- lottesville, VA.
Neilson, William S. and Harold Winter (2000) “Bias and the Economics of Jury Selection,” International Review of Law and Economics, Vol. 20, pp. 223–250.
Pfeifer, J. E. (1990) “Reviewing the Empirical Evidence on Jury Racism: Findings of Discrimination or Discriminatory Findings?” Nebraska Law Review, Vol. 69, pp. 230–250.
Roth, Arthur, Joseph B. Kadane, and Morris H. Degroot (1977) “Optimal Peremptory Challenges in Trials by Juries: A Bilateral Sequential Process,” Operations Research, Vol. 25, No. 6, pp. 901–919.
Shayo, Moses and Asaf Zussman (2011) “Judicial Ingroup Bias in the Shadow of Terrorism,” Quarterly Journal of Economics, Vol. 126, pp. 1447–1484.
Shinall, J. B. (2010) “Slipping Away from Justice: The Effect of Attorney Skill on Trial Outcomes,” Van- derbilt Law Review, Vol. 63, pp. 267–306.
Sommers, Samuel R. and Phoebe E. Ellsworth (2003) “How Much Do We Really Know about Race and Juries? A Review of Social Science Theory and Research,” Chicago–Kent Law Review, Vol. 78, pp. 997–1031.
Starr, V. Hale and Mark McCormick (2001) Jury Selection, Third Edition: Aspen Publishers Online.
Sunstein, Cass R. (2000) “Deliberative Trouble? Why Groups Go to Extremes,” The Yale Law Journal, Vol. 110, No. 1, pp. 71–119.