OPTIMAL PEREMPTORY CHALLENGES IN TRIALS BY JURIES - A BILATERAL SEQUENTIAL PROCESS

• NCJ Number: 45898
• Author(s): A ROTH; J B KADANE; M DEGROOT
• Date Published: 1976
• Length: 30 pages
• Grant Number(s): GS-32514
• Contract Number(s): N00014-75-C-0516
• Sponsoring Agency: National Science Foundation; US Dept of the Navy
• Corporate Author: Carnegie Mellon University
• Sale Source: National Technical Information Service; National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

A MATHEMATICAL MODEL IS DEVELOPED TO STUDY WHETHER USE OF SOCIOLOGICAL METHODS OF JURY SELECTION CAN AFFECT JURY COMPOSITION TO THE POINT THAT CIVIL LIBERTIES ARE SIGNIFICANTLY THREATENED.

Abstract

SELECTION OF A JURY OF PERSONS INTERVIEWED SEQUENTIALLY DURING VOIR DIRE WITH THE PROSECUTION ALLOWED 'A' NUMBER OF CHALLENGES AND THE DEFENSE 'B' NUMBER OF CHALLENGES IS STUDIED THROUGH A BILATERAL SEQUENTIAL MODEL. A SERIES OF TABLES PRESENTS THE MATHEMATICAL PROBABILITIES WHEN BOTH ACCEPT A JUROR (NOTHING HAPPENS), THE DEFENSE CHALLENGES, THE PROSECUTION CHALLENGES, AND NEITHER SIDE WANTS THE JUROR, WITH VARIOUS STRATEGIES WHICH MAY BE EMPLOYED. THE MODEL IS PRESENTED IN GREAT MATHEMATICAL DETAIL. IT IS CONCLUDED THAT EACH SIDE GAINS 1/32 OF AN ADVANTAGE BY GOING FIRST AND THAT A MATHEMATICAL APPROACH IS NOT REALLY USEFUL BECAUSE THE JUDGE MODIFIES SO MANY CHALLENGES THROUGH HIS RULINGS THAT THE PROCESS IS ESSENTIALLY NOT SUBJECT TO THIS TYPE OF ANALYSIS. (GLR)