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NCJRS Abstract

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NCJ Number: 153045 Find in a Library
Title: Effects of Race-Conscious Jury Selection on Public Confidence in the Fairness of Jury Proceedings: An Empirical Puzzle
Journal: American Criminal Law Review  Volume:31  Issue:4  Dated:(Summer 1994)  Pages:1177-1201
Author(s): N J King
Date Published: 1994
Page Count: 25
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: The existence of group differences poses what is probably the most significant challenge for courts that assess the effects of race-conscious jury selection on public confidence in the fairness of the jury proceedings: the challenge of deciding when and why the perceptions of some may be more significant than the perceptions of others.
Abstract: Judges who moderate disputes between advocates and opponents of jury-selection practices that consider race will have to recognize those impressions and make choices about whose understandings should count most. Social science studies and public opinion polls can help a judge to understand how different groups may perceive selection procedures, so that the judge does not inadvertently overlook the perceptions of persons unlike himself. Ultimately, however, the questions judges must answer are not merely descriptive; they are also normative. When perceptions conflict, judges must decide whose trust is most essential to cultivate. Deliberation and principle, not simply statistics, are required for the task. 85 footnotes
Main Term(s): Court procedures
Index Term(s): Jury selection; Racial discrimination; Voir dire
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