Racial Bias in Jury Selection: Peremptory Challenges Perpetuating Discrimination

Abstract

Annotated Bibliography: Racial Bias in Jury DeCamp, W. (2021). Gender and the peremptory challenge: Separating the effects of race and gender in jury selection. Women & Criminal Justice, 31(2), 159-173. “Gender and the peremptory challenge: Separating the effects of race and gender in jury selection” is an article published in Women & Criminal Justice Journal on 12th June 2020. The article is slightly over two years since its publication, with a timeline that defines its legibility in addressing the issue of study. As the author of this article, Whitney De-Camp has vast knowledge in sociology serving as a professor in Sociology at Western Michigan University USA defining the authors’ credibility in addressing race-based discrimination in jury selection. In the article, De-Camp article analyzed gender differences in peremptory challenges to separate the effects of race and gender in jury selection. Using data from criminal trials in Mississippi with race-specific analyses and propensity score matching employed to isolate gender impact from other measurable effects, the results indicated weak-to-moderate gender differences for peremptory challenges for the prosecutor and the defense. Therefore De-Camp concludes that racial differences foster the realization of gender-based effects in the use of peremptory challenges during jury selection. The article has rich analyses of the relationship between gender and racial differences in the use of peremptory challenges which will help this essay with logical arguments for the major forces of peremptory challenges in jury selection. DeCamp, W., & DeCamp, E. (2020). It’s still about race: Peremptory challenge use on black prospective jurors. Journal of Research in Crime and Delinquency, 57(1), 3-30. As the authors of this article, Whitney De-Camp and Elise De-Camp have vast knowledge in sociology serving as professors in Sociology at Western Michigan University USA which defines their credibility in addressing race-based discrimination in jury selection. “It is still about race: Peremptory challenge use on black prospective juror” article published in the Journal of Research in Crime and Delinquency on 6th Sep 2019 gives a very detailed analysis on the application of peremptory challenge on black prospective jurors. Testing the extent of the racial effect on the peremptory challenge used by the defense and prosecutor using data from 2542 venire members in Mississippi, these authors noted high levels of racial effects on jury selection. Application of peremptory challenges by prosecutors exempts black venire members from a jury at a rate of 4.51 times compared to white venire members. Using this article helps the essay to build strong arguments on the extent of harm that peremptory challenges have in justifying the unjust nature of the jury selection process and outcomes. It is an article that helps understand how racial discrimination remains applicable by prosecution and defense in a peremptory challenge. Faber, S. C., Strauss, D., Gran-Ruaz, S., La Torre, J., Bartlett, A., Faber, I., & Williams, M. T. (2022). A call to use psychology for anti-racist jury selection. Practice Innovations. "A call to use psychology for anti-racist jury selection" is an article published in Practice Innovations Journal in 2022. Seven great authors with vast knowledge in Psychological science/law and holding teaching professionals in this field within American University justify the eligibility and credibility of this article in addressing racial bias in jury. In their article, Faber and colleagues analyzed major approaches that can bring a new phase in the jury selection process. Citing that evidence-based jury selection is a critical need as the ongoing racial bias employed within the process impedes a just process and outcome, these authors proposed the need to employ direct questions on juror's behavior rather than their attitude to understand those that fit best for the available position. The authors conclude with a suggestion that racial justice allies identified through the new selection approach should take positions as potential jurors. The article is unique as unlike many within this annotation that focus on analyzing factors leading to racial bias in the jury, the article offers its reader a chance to think of how using psychology can lead to an anti-racist jury selection. Using this article is of great relevance to this essay as will offer clear insights on what needs to be done to eliminate a biased approach to jury selection. Hunt, J. S. (2015). Race, ethnicity, and culture in jury decision-making. Annual Review of Law and Social Science, 11(1), 269-288. Jennifer S. Hunt is an Associate Professor of Gender and Women Studies and Psychology in New York. It is a position that exposes Hunt to a vast knowledge of psychology-related issues making her credible in analyzing how gender or race may foster inequality in jury selection. In the article, "Race, ethnicity, and culture in jury decision-making" published in the Annual Review of Law and Social Science in 2015, the author focuses on the growing body of social science research that associates race, culture, and ethnicity with the jury's attitude and behaviors. Analyzing one issue after the other, Hunt confirms the unconstitutional injustices expressed by jurors in the course of their service delivery based on race, ethnicity, and culture. The author concludes that jurors’ background significantly influences their reaction towards deliberation, trial judgment, and the defendant. It is a very important source of reference in this essay as will offer the writer a chance to have an in-depth understanding of the major drives of inequalities in jury selection as Hunt offers detailed information, supported by credible sources and great examples in support of the arguments. Joy, P. A., & McMunigal, K. C. (2016). Racial discrimination and jury selection. Crim. Just., 31, 43. "Racial discrimination and jury selection" is an interesting article by Joy and McMunigal that offers its reader a clear image of how racial discrimination impedes justice in the jury selection process. The article, published in 2016 has offered the online reader an opportunity to reveal its arguments for the last five years. Its authors have great knowledge of political science with McMunigal authoring other articles like criminal justice ethics and prosecutors and corrupt science allowing him to highly understand the current topic of study. In their article, Joy and McMunigal examined the continuing trend of prosecutors’ peremptory challenges application to exclude jurors regardless of its unconstitutionality following the US Supreme Court Ruling held in Batson v Kentucky 1986. Using the detailed example, the authors express the extent of harm that peremptory challenges have in defining unequal representation in the jury. Using this article is of great merit to the current essay as will offer a chance to understand racial bias in the jury from the late 19th century offering arguable facts on the subject under consideration. The essay will also incorporate some of the case examples within this article to express the extent of ignorance law limiting the use of peremptory challenges that prosecutors express during the juror selection process. McCormick, L. M. (2022). THE CASE FOR JURY INCLUSIVENESS AND REFORM: The Pennsylvania Story. The Judges' Journal, 61(2), 19-23. Understanding psychology is imperative while analyzing race, gender, and ethnicity-related issues. Lisette McCormick is an executive Director of the Pennsylvania Inter-branch Commission for Gender, Racial and Ethnic Fairness. Such an opportunity exposes this author to understand the extent to which such factors affect humans’ way of thinking and acting thus defining her credibility in addressing racial bias in any area of life. Published in Spring 2022 in Judges Journal, McCormick's article considers the Pennsylvania story while analyzing jury inclusiveness and reform. Based on McCormick, jury service remains a mark of citizenship and a touchstone of civic duty thus the need for inclusiveness of all without any form of discrimination. In a detailed analysis of the Pennsylvanian investigation of bias in the...