1982•The Journal of Applied Behavioral ScienceRequires access

Racial Exclusion in Juries

Nijole V. Benokraitis

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Abstract

This study examines the norms of jury selection, determines which norms are most important in qualifying individuals for jury service, and discusses how the interpretation and application of these norms influence the racial composition of juries as blacks progress from the jury list to the jury panel and to the jury box. The data come from a questionnaire survey of 1,551 legal personnel-district clerks, jury commissioners, state attorneys, defense attorneys, and judges-who are most directly associated with state petit trial juries in 325 counties of eight Southern states with large black populations. The results indicate that blacks are significantly underrepresented at several jury selection stages. Some of the reasons for this underrepresentation are related to unsupervised and unauthorized discretionary jury selection procedures and the systematic striking of blacks.

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What this paper is about

This study examines the norms of jury selection, determines which norms are most important in qualifying individuals for jury service, and discusses how the interpretation and application of these norms influence the racial composition of juries as blacks progress from the jury list to the jury panel and to the jury box. The data come from a questionnaire survey of 1,551 legal personnel-district clerks, jury commissioners, state attorneys, defense attorneys, and judges-who are most directly associated with state petit trial juries in 325 counties of eight Southern states with large black populations. The results indicate that blacks are significantly underrepresented at several jury selection stages. Some of the reasons for this underrepresentation are related to unsupervised and unauthorized discretionary jury selection procedures and the systematic striking of blacks.

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Available abstract

This study examines the norms of jury selection, determines which norms are most important in qualifying individuals for jury service, and discusses how the interpretation and application of these norms influence the racial composition of juries as blacks progress from the jury list to the jury panel and to the jury box. The data come from a questionnaire survey of 1,551 legal personnel-district clerks, jury commissioners, state attorneys, defense attorneys, and judges-who are most directly associated with state petit trial juries in 325 counties of eight Southern states with large black populations. The results indicate that blacks are significantly underrepresented at several jury selection stages. Some of the reasons for this underrepresentation are related to unsupervised and unauthorized discretionary jury selection procedures and the systematic striking of blacks.

Key concepts: Jury, Jury selection, Hung jury, Psychology, Interpretation (philosophy), Law, Selection (genetic algorithm), State (computer science)

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