Race in the Jury Box: Affirmative Action in Jury Selection

, by Fukurai, Hiroshi; Krooth, Richard

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ISBN: 9780791458389 | 0791458385
Cover: Paperback
Copyright: 9/1/2003

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Summary

Supplemental Materials

Discusses race-conscious jury selection and highlights strategies for achieving racially mixed juries.

Preface

Table of Cases

xvii

Chapter 1 INTRODUCTION TO RACIALLY MIXED JURIES

(19)

Racially mixed juries and jury verdicts

(8)

The significance of minority jurors in the jury box

(3)

Reform and its barriers

(1)

Conclusions

(2)

Chapter 2 DEFINING AND MEASURING RACE AND RACIAL IDENTITY

(41)

Measuring and identifying race

(2)

Social deconstruction of race: Social elements and concepts

(9)

Reliability and validity of race as a measurement

(9)

Racial identity and ancestral backgrounds

(10)

Deconstructing race and the importance of affirmative action programs

(8)

Conclusions

(2)

Chapter 3 RACIALLY MIXED JURIES AND AFFIRMATIVE ACTION

(29)

Affirmative action in jury selection

(2)

The jury "de medietale linguae" model

(4)

The Hennepfin County model

(1)

The social science model

(2)

Public perceptions of racially balanced juries

(1)

Results

(10)

Racially diverse juries, racial quotas, and peremptory challenges

(6)

Conclusions

(1)

Chapter 4 EUGENE "BEAR" LINCOLN AND THE NATIVE AMERICAN JURY: AFFIRMATIVE ACTION IN JURY SELECTION AND PEREMPTORY INCLUSION

(35)

People v. Eugene "Bear" Lincoln

(10)

Defense strategies to increase the likelihood of a racially diverse jury

102

(9)

Affirmative jury structures and peremptory inclusion

111

(10)

The need for progressive legislative and court action

121

(2)

Conclusions

123

(2)

Chapter 5 THE SIXTH AMENDMENT AND THE RACIALLY MIXED JURY

125

(24)

Impartiality

126

(5)

The fair cross-section requirement

131

(7)

Jury of one's peers

138

(8)

Conclusions

146

(3)

Chapter 6 SHORTCOMINGS OF PROCEDURALLY BASED REMEDIES: JURY REPRESENTATION FROM THE BEGINNING TO THE END OF THE JURY SELECTION PROCESS

149

(27)

The goal of random selection and the fair cross-section doctrine

150

(3)

Empirical checkpoints in jury selection

153

(2)

Jury representation from the beginning to the end of jury selection

155

(1)

Analyses and findings

156

(11)

Partial remedies and their impacts on jury selection

167

(2)

Final jury composition: Inequities, remedies, and future reforms

169

(5)

Conclusions

174

(2)

Chapter 7 JURY NULLIFICATION AND THE MINORITY DOMINANT CRIMINAL JURY: THE O.J. SIMPSON VERDICT AND ACQUITTAL BY RACE

176

(21)

Presumption of innocence, the burden of proof, and reasonable doubt

180

(4)

The Simpson jury and a hypothetical scenario

184

(1)

A hypothetical scenario: Results and findings

185

(5)

Jury nullification, racial identity, and legal concepts

190

(5)

Conclusions

195

(2)

Chapter 8 JURY NULLIFICATION AND AFFIRMATIVE ACTION JURIES

197

(18)

Jury nullification

199

(3)

Jury nullification and affirmative action juries

202

(4)

Jury nullification and criminal justice concepts

206

(5)

Judicial and legislative history of jury nullification

211

(2)

Conclusions

213

(2)

Chapter 9 RACE AND THE AFFIRMATIVE JURY: CONCLUSIONS

215

(9)

The jury and the potential for democracy

215

(2)

Distinguishing features of affirmative action in jury selection

217

(4)

Conclusions

221

(3)

Appendix A SURVEY AND DATA BASE INFORMATION

224

(9)

Community surveys (4 data sets)

224

(4)

College student survey (1 data set)

228

(2)

Jury panel survey (1 data set)

230

(1)

College student experiment (1 data set)

231

(1)

Census information

232

(1)

Appendix B METHODOLOGICAL STRATEGIES ON HOW TO DETERMINE AND MEASURE RACE IN COURTROOMS

233

(2)

Notes

235

(14)

Bibliography

249

(16)

Index

265

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Race in the Jury Box: Affirmative Action in Jury Selection

Summary

Table of Contents

Supplemental Materials