Skip to main content

"Achieving Diversity of the Jury: Jury Size and the Peremptory Challenge"

  • Publication: Journal of Empirical Legal Studies

9/30/2009, Shari Seidman Diamond, Journal of Empirical Legal Studies

Journal of Empirical Legal Studies, Vol. 6, pp.425-449

Abstract:

Diversity on the jury promotes the perceived fairness of the jury system. Analyzing the jury selection and composition in 277 civil jury trials, we examine how the jury selection process and jury size, two contested features of the jury system, affect diversity. We show that while peremptory challenges were systematically related to juror race/ethnicity, the opposing challenges cancelled each other out, producing no overall effect on the makeup of the jury. In contrast, jury size had a substantial effect on minority representation. We conclude that diversity is most effectively promoted by restoring the 12-member jury.

Site design by Webitects

© 2018 American Bar Foundation (AmericanBarFoundation.org)
750 North Lake Shore Drive
Chicago, IL 60611-4403
(312) 988-6500
Contact Us
Media Contacts
Privacy policy
Any opinions, findings, and conclusions or recommendations expressed in ABF publications are those of the author(s) and do not necessarily reflect the views of the American Bar Foundation or the American Bar Association. The AMERICAN BAR FOUNDATION, ABF and related seal trademarks as used by the American Bar Foundation are owned by the American Bar Association and used under license.