The Role of Race in Jury Selection and the Effect of State Jury Selection Laws

Abstract

The purpose of this research is to examine how race has played a role in the selection of the jury and further discover its relevance today in addition to explanations for the findings. This is also done through the analysis of state selection laws and how they affect the jury pool, thereby affecting the outcome of jury selection. The study uses implicit bias as a basis on which to build possible reasons why race is or is not an influencing factor in jury selection. Previous studies have shown various opinions and findings on the issue, but this research comes to the conclusion that race does affect the demographics of the jury due primarily to implicit bias and selection methods, and race is still a concern in its influence in the use of the peremptory challenge. In order to combat this problem and create a fairer justice system, it is most important to start at the structural level in movements such as changing state jury selection laws and introducing proper training for lawyers on avoiding implicit bias.