The Process is the Punishment: Juror Demographics and Case Administration in State Courts

Abstract

Between 1976 and 1999, twelve states passed laws requiring that lists of eligible jurors for state trials be created by selecting at random from publicly available sources, limiting the discretion of jury commissioners to exclude African Americans from jury service. A difference-in-difference analysis suggests these reforms led to a 5–6 percentage point drop in the share of new admissions to prison accounted for by African Americans and other minorities, and lower rates of exercise of the death penalty overall.