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

Race-Based Judgments, Race-Neutral Justifications: Experimental Examination of Peremptory Use and... 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Law and Human Behavior Springer Journals

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

Law and Human Behavior , Volume 31 (3) – Nov 23, 2006

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References (44)

Publisher
Springer Journals
Copyright
Copyright © 2006 by American Psychology-Law Society/Division 41 of the American Psychological Association
Subject
Psychology; Law and Psychology; Criminology and Criminal Justice, general; Personality and Social Psychology; Community and Environmental Psychology
ISSN
0147-7307
eISSN
1573-661X
DOI
10.1007/s10979-006-9048-6
pmid
17123158
Publisher site
See Article on Publisher Site

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.

Journal

Law and Human BehaviorSpringer Journals

Published: Nov 23, 2006

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