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The Process is the Punishment: Juror Demographics and Case Administration in State Courts

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  • Jean N. Lee

Abstract

Between 1976 and 1999, twelve states passed laws requiring that lists of eligible jurors for state trials be created by selecting at random from publicly available sources, limiting the discretion of jury commissioners to exclude African Americans from jury service. A difference-in-difference analysis suggests these reforms led to a 5–6 percentage point drop in the share of new admissions to prison accounted for by African Americans and other minorities, and lower rates of exercise of the death penalty overall.

Suggested Citation

  • Jean N. Lee, 2017. "The Process is the Punishment: Juror Demographics and Case Administration in State Courts," American Law and Economics Review, American Law and Economics Association, vol. 19(2), pages 361-390.
    • Handle: RePEc:oup:amlawe:v:19:y:2017:i:2:p:361-390.
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    File URL: http://hdl.handle.net/10.1093/aler/ahx010
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    Cited by:

    1. Bindler, Anna & Hjalmarsson, Randi, 2016. "The Fall of Capital Punishment and the Rise of Prisons: How Punishment Severity Affects Jury Verdicts," Working Papers in Economics 674, University of Gothenburg, Department of Economics.
    2. Shamena Anwar & Patrick Bayer & Randi Hjalmarsson, 2019. "Politics in the Courtroom: Political Ideology and Jury Decision Making," Journal of the European Economic Association, European Economic Association, vol. 17(3), pages 834-875.

    More about this item

    JEL classification:

    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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