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21 Jury Expert 1 (2009)

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On the obstacles to
jury diversity
Should you be
concerned with the
diversity of your jury?
How much difference
does racial composition
make in the final
verdict? With responses
from three experienced
trial consultants.
Page 1


Identifying
Authoritarian Jurors
A brief review of the
literature on
authoritarianism and
suggestions on how to
apply the concept of
legal authoritarianism
to identify authoritarian
jurors and whether you
want them on your jury
or if you want them off
Page 14


Ethical Issues in Racial
Profiling
Should trial attorneys
and experts condemn
racial profiling as a
police practice while
condoning racial
profiling in jury
selection at trial? With
responses from three
experienced trial
consultants.
Page 20


Our Favorite Thing







Two cool things. The
boxer makes three but
has nothing to do with
our official favorite
things.
Page 35


Anti-Muslim Bias
A reader-requested set
of articles from two
trial consultants on the
approaches they use to
identify, address, and
minimize prejudicial
beliefs/attitudes toward
Arabs and Muslims
across the course of
litigation.
Page 36


Lesser Known Benefits
of Forensic Animaion
Before you ever get to
court! Targeting the
audience, getting it
right, allowing the
review of 'what if'
scenarios, and testing
hypotheses. With
responses from three
experienced trial
consultants.
Page 47


                              On the Obstacles to Jury Diversity1


                                             By Samuel R. Sommers


        This year I've been asked to serve as an expert witness in two different capital cases in which the
defense was concerned that the defendant would stand trial by an all-White (or nearly all-White) jury. In both
cases, the defendant was a Black man and his attorneys were concerned that the mostly White demographics of
the jurisdiction would increase the chance of a guilty verdict and death sentence. Moreover, they were worried
that the courthouse venire would wind up being even less diverse than the surrounding population, and that jury
selection would seal the deal by stacking the deck against their minority client.


        How justified are such concerns? What, specifically, are the obstacles that stand in the way of racially
diverse juries? How influential is a jury's racial composition on its final verdict anyway? And what strategies
might attorneys and their consultants pursue in cases when they have reason to believe that a diverse jury is in
their best interest? This article will offer some preliminary answers to these questions by drawing on empirical
research concerning race, jury selection, and jury composition.

        1 Portions of this article are adapted from Sommers, S. R. (2008), Determinants and consequences of jury racial diversity:
        Empirical findings, implications, and directions for future research, Social Issues and Policy Review, 2, 65-102.


January 2009


0 American Society of Trial Consultants 2008

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