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Race, Gender, and Juries: Evidence from North Carolina

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  • Francis X. Flanagan

Abstract

This paper uses data from felony jury trials in North Carolina to show that the race and gender composition of the randomly selected jury pool has a significant effect on the probability of conviction, attorneys adjust peremptory-challenge strategies in accordance, and state peremptory challenges have a positive impact on the conviction rate when the defendant is a black male. Jury pools with higher proportions of white men are more likely to convict black male defendants relative to white male defendants. Jury pools with a higher proportion of black men are more likely to acquit all defendants, especially black men. Attorneys use peremptory challenges strategically in accordance with these results, which are robust to a wide set of controls, including county and judge fixed effects. Each state peremptory challenge is correlated with a 2.4-2.9-percentage-point increase in the conviction rate when the defendant is black.

Suggested Citation

  • Francis X. Flanagan, 2018. "Race, Gender, and Juries: Evidence from North Carolina," Journal of Law and Economics, University of Chicago Press, vol. 61(2), pages 189-214.
  • Handle: RePEc:ucp:jlawec:doi:10.1086/698193
    DOI: 10.1086/698193
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    Cited by:

    1. Doron Shiffer-Sebba & Julia Behrman, 2021. "Gender and Wealth in Demographic Research: A Research Brief on a New Method and Application," Population Research and Policy Review, Springer;Southern Demographic Association (SDA), vol. 40(4), pages 643-659, August.
    2. Bindler, Anna Louisa & Hjalmarsson, Randi & Machin, Stephen Jonathan & Rubio, Melissa, 2023. "Murphy's Law or luck of the Irish? Disparate treatment of the Irish in 19th century courts," LSE Research Online Documents on Economics 121339, London School of Economics and Political Science, LSE Library.
    3. Mark Hoekstra & CarlyWill Sloan, 2022. "Does Race Matter for Police Use of Force? Evidence from 911 Calls," American Economic Review, American Economic Association, vol. 112(3), pages 827-860, March.
    4. Bindler, Anna & Machin, Stephen & Hjalmarsson, Randi & Rubio-Ramos, Melissa, 2023. "Murphy’s Law or Luck of the Irish? Disparate Treatment of the Irish in 19th Century Courts," CAGE Online Working Paper Series 661, Competitive Advantage in the Global Economy (CAGE).
    5. Brendon McConnell & Kegon Teng Kok Tan & Mariyana Zapryanova, 2023. "How do Parole Boards Respond to Large, Societal Shocks? Evidence from the 9/11 Terrorist Attacks," Working Papers 2023-010, Human Capital and Economic Opportunity Working Group.
    6. Andrea Moro & Martin Van der Linden, 2021. "Exclusion of Extreme Jurors and Minority Representation: The Effect of Jury Selection Procedures," Papers 2102.07222, arXiv.org, revised Aug 2023.
    7. Nayoung Rim & Roman Rivera & Andrea Kiss & Bocar Ba, 2020. "The Black-White Recognition Gap in Award Nominations," Working Papers 2020-065, Human Capital and Economic Opportunity Working Group.
    8. Julia Godfrey & Kegon Teng Kok Tan & Mariyana Zapryanova, 2023. "The Effect of Parole Board Racial Composition on Prisoner Outcomes," Working Papers 2023-011, Human Capital and Economic Opportunity Working Group.
    9. Alessandra Foresta, 2022. "Lady Justice: The impact of female judges on trials' verdicts in US," Discussion Papers 22/04, Department of Economics, University of York.

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