Runaway Juror

Even with all these complicating factors and fuzzy science, however, a few juror traits have been quantifiably associated with verdict outcomes. Unfortunately, those correlations are among the most troubling imaginable for our legal system. Dennis Devine, a psychology professor at Purdue University, combed through the research for his upcoming book, Jury Decision Making: The State of the Science, and found that jurors tend to be more lenient on defendants who share the same race. The impact is fairly minor?that is, except in capital cases, in which black defendants are significantly more likely to receive the death penalty when there are a lot of white men on a jury and no black men to offset them. The trend has been traced through hundreds of death-penalty trials, not to mention corroborated by lab experiments, and the bias is worse if the black defendant is accused of killing a white person. Devine believes such discrimination is most noticeable during capital cases because of the unique nature of death-penalty verdicts. "A decision about who should live and who should die is inherently more subjective than whether someone killed somebody or not," he says. "It is therefore more susceptible to our implicit racial biases."

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