STATISTICAL EVIDENCE IN JURY DISCRIMINATION CASES

• NCJ Number: 16095
• Journal: Journal of Criminal Law and Criminology Volume: 65 Issue: 2 Dated: (JUNE 1974) Pages: 234-238
• Author(s): J S DECANTI
• Date Published: 1974
• Length: 5 pages
• Corporate Author: Northwestern University; Williams and Wilkins Co
• Publication Format: Article
• Publication Type: Statistics
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF THE USE OF PROBABILITY THEORY TO PROVE BIASED SELECTION OF A JURY.

Abstract

IN ORDER TO SHOW THAT HE HAS BEEN DENIED DUE PROCESS BECAUSE OF JURY DISCRIMINATION, A PETITIONER MUST SHOW TWO THINGS - THAT HIS JURY WAS NOT DRAWN FROM A GROUP REPRESENTATIVE OF A CROSS-SECTION OF THE COMMUNITY, AND THAT THE OPPORTUNITY FOR DISCRIMINATION WAS PRESENT. HOW STATISTICAL ARGUMENTS CAN AID IN HELPING TO PROVE THIS FIRST CRITERIA IS DISCUSSED IN DETAIL. WAYS OF OBTAINING A STATISTICAL DESCRIPTION OF THE POPULATION ELIGIBLE FOR JURY SERVICE IS DISCUSSED. THIS DESCRIPTION IS NEEDED AS A BASIS FOR COMPARISON TO STATISTICALLY PROVE OR DISPROVE THE REPRESENTATIVE CHARACTER OF THE GROUP FROM WHICH THE JURY WAS CHOSEN. STATISTICIANS COMPUTE THE LIKELIHOOD OF OBTAINING ANY RESULT, GIVEN THAT THE SELECTION PROCEDURE IS UNBIASED. IN MOST ROUTINE STATISTICAL WORK, ONE CHANCE IN 20 IS REGARDED AS SMALL ENOUGH TO WARRANT THE JUDGEMENT THAT FACTORS OTHER THAN CHANCE WERE OPERATING TO PRODUCE AN OBSERVED DIFFERENCE.