NCJ Number
180982
Journal
Law and Human Behavior Volume: 23 Issue: 6 Dated: December 1999 Pages: 695-702
Date Published
December 1999
Length
8 pages
Annotation
Using data obtained through trial observation in a North Carolina courthouse, this study examined how prosecutors and defense attorneys use the peremptory challenge in jury selection and how characteristics of seated jury panels compare to those of the venire.
Abstract
The data came from a larger study that investigated jurors' perceptions of voir dire questioning, especially their concerns about privacy. A portion of the research entailed court observation and recordkeeping regarding who was excused and who was selected for trials. Thirteen noncapital felony criminal jury trials in a single county were observed. In the aggregate, there was no association between race and selection for a jury, and there was only a modest relationship between gender and selection; however, the null finding for race masks a pattern of "strikes" by both prosecutors and defense attorneys; whites who were dismissed were most likely to be excused by the defense, and African-Americans were most likely to be dismissed by the prosecutor. A trial-by-trial analysis showed that when disparities between venire and jury composition occurred, the direction usually pointed to overrepresentation of African-Americans and women on juries. Despite limited generalizability, the data suggest the need for a more informed debate about the peremptory challenge's use in modern criminal trials. 36 references