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Achieving Diversity on the Jury: Jury Size and the Peremptory Challenge

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  • Shari Seidman Diamond
  • Destiny Peery
  • Francis J. Dolan
  • Emily Dolan

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.

Suggested Citation

  • Shari Seidman Diamond & Destiny Peery & Francis J. Dolan & Emily Dolan, 2009. "Achieving Diversity on the Jury: Jury Size and the Peremptory Challenge," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(3), pages 425-449, September.
    • Handle: RePEc:wly:empleg:v:6:y:2009:i:3:p:425-449
    DOI: 10.1111/j.1740-1461.2009.01149.x
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    Cited by:

    1. Mary R. Rose & Shari Seidman Diamond & Marc A. Musick, 2012. "Selected to Serve: An Analysis of Lifetime Jury Participation," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 9(1), pages 33-55, March.
    2. 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.
    3. Lehmann, Jee-Yeon & Smith, Jeremy, 2011. "Attorney empowerment in Voir Dire and the racial composition of juries," MPRA Paper 36338, University Library of Munich, Germany.

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