Stacking the Jury

Abstract

Most legal systems are based on the premise that defendants are treated as innocent until proven guilty and that decisions will be unbiased and solely based on the facts of the case. The validity of this assumption has been questioned for cases involving racial minority members, in that racial bias among jury members may influence jury decisions. The current research shows that legal professionals are adept at identifying jurors with levels of implicit race bias that are consistent with their legal interests. Using a simulated voir dire, professionals assigned to the role of defense lawyer for a Black defendant were more likely to exclude jurors with high levels of implicit race bias, whereas prosecutors of a Black defendant did the opposite. There was no relation between professionals' peremptory challenges and jurors' levels of explicit race bias. Implications for the role of racial bias in legal decision making are discussed.