Race-Based Judgments, Race-Neutral Justifications: Experimental Examination of Peremptory Use and the Batson Challenge Procedure

Authors: Sommers, Samuel; Norton, Michael

Source: Law and Human Behavior, Volume 31, Number 3, June 2007 , pp. 261-273(13)

Publisher: Springer

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Abstract:

Practically speaking, the peremptory challenge remained an inviolate jury selection tool in the United States until the Supreme Court's decision in Batson v. Kentucky. 476 U.S. 79 (1986). Batson`s prohibition against race-based peremptories was based on two assumptions: (1) a prospective juror's race can bias jury selection judgments; (2) requiring attorneys to justify suspicious peremptories enables judges to determine whether a challenge is, indeed, race-neutral. The present investigation examines these assumptions through an experimental design using three participant populations: college students, advanced law students, and practicing attorneys. Results demonstrate that race does influence peremptory use, but these judgments are typically justified in race-neutral terms that effectively mask the biasing effects of race. The psychological processes underlying these tendencies are discussed, as are practical implications for the legal system.

Keywords: Jury selection; Peremptory challenge; Racial bias; Social judgment

Document Type: Research article

DOI: http://dx.doi.org/10.1007/s10979-006-9048-6

Affiliations: 1: Email: sam.sommers@tufts.edu

Publication date: 2007-06-01