A call to use psychology for anti-racist jury selection.

Abstract

Evidence-based jury selection is a critical need because of historical and ongoing racial biases that impede a just process and outcome. As norms about bias, how to measure it, and mitigating its effects have progressed over time, new tools to help carry out this work have become available. This article synergizes the latest relevant psychological literature with the combined wisdom and experience of an interdisciplinary group of experts in racism, law, psychology, mental health, and biomedical science to provide a framework to advance the jury selection process. We describe and provide examples of how jurors should be asked direct questions about their behaviors rather than simply their attitudes. Further, we suggest that racial justice allies should be identi fi ed as potential jurors because such individuals will be best able to approach their jury duty in an impartial, antiracist manner. This article supports psychologists and legal professionals in efforts to select an impartial jury by advancing a fuller understanding of racism and how it can impact jurors. As norms about bias and how to measure it and mitigate its effects have progressed over time, new tools to carry out this work have become available. This article represents a synergy of the latest relevant psychological literature to inform best practices in the selection of antiracist jurors to create more just legal outcomes.