Forecasting life and death: Juror race, religion, and attitude toward the death penalty

Citation
T. Eisenberg et al., Forecasting life and death: Juror race, religion, and attitude toward the death penalty, J LEG STUD, 30(2), 2001, pp. 277-311
Citations number
105
Categorie Soggetti
Law
Journal title
JOURNAL OF LEGAL STUDIES
ISSN journal
00472530 → ACNP
Volume
30
Issue
2
Year of publication
2001
Part
1
Pages
277 - 311
Database
ISI
SICI code
0047-2530(200106)30:2<277:FLADJR>2.0.ZU;2-P
Abstract
Determining whether race, sex, or other juror characteristics influence how capital case jurors vote is difficult. Jurors tend to vote for death in mo re egregious cases and for life in less egregious cases no matter what thei r own characteristics. And a juror's personal characteristics may get lost in the process of deliberation because the final verdict reflects the jury' s will, not the individual juror's. Controlling for the facts likely to inf luence a juror's verdict helps isolate the influence of a juror's personal characteristics. Examining each juror's first sentencing vote reveals her o wn judgment before the majority works its will. Race, religion, and how str ongly the juror believes death is the appropriate punishment for murder inf luence a capital juror's first vote, which usually determines the final vot e. Because black jurors are rarely a majority of the jury's members, majori ty rule usually means white rule.