Science Of Small Talk

The science of social behavior, one interaction at a time
Sam Sommers, Ph.D., is a social psychologist at Tufts University. See full bio

When Justice is Less than Blind

Why so few Black jurors in a diverse place like Jefferson Parish, Louisiana?

Jury BoxIndeed, I and a colleague, Mike Norton of Harvard, conducted an experiment that illustrated this process in a jury selection setting. We asked college students, law students, and trial attorneys to make judgments in a jury selection simulation involving the trial of a Black defendant. We presented them with two prospective jurors, A and B, and asked participants to assume the role of prosecutor in the case. When photos revealed that Juror A was Black and Juror B was White, participants were more likely to use a peremptory challenge to remove A. But when we kept the information about Jurors A and B the same and simply switched their photos, suddenly B, now the Black juror, was more likely to be challenged. In other words, regardless of the personal and ideological information provided for each prospective juror, participants were basing their challenge decisions on race. And when we asked participants to justify their peremptories? They never talked about race, instead inflating the importance of race-neutral information that supported their challenge, in true top-down fashion.

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The peremptory challenge is a fascinatingly problematic aspect of our legal system to study, a controversial topic that Mike Norton and I tackle from a psychological perspective in an article in the September 2008 issue of American Psychologst. One the one hand, the presumed intent of the peremptory is to enable litigants to have some say over who will sit in judgment of them at trial, a noble goal with which few would take issue. To the extent that attorneys use peremptories to pursue an impartial jury, the practice doesn't seem problematic. But on the other hand, the peremptory is a simple way for attorneys to manipulate the composition of a jury to their perceived advantage. As the McMahon video demonstrates, attorneys who want to win cases don't strive for impartial juries, but rather juries partial to their side of things. And sometimes, in spite of the Supreme Court's efforts, this desire to win cases seems to include jury selection strategies influenced by race, a conclusion consistent with the troubling data coming out of Jefferson Parish.



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