Race in the Jury Box

Hiroshi Fukurai is Associate Professor of Sociology at the University of California at Santa Cruz. Richard Krooth is Visiting Scholar of Sociology at the University of California at Berkeley and teaches International Studies at Golden Gate University. They are the coauthors of Common Destiny: Japan and the United States in the Global Age and (with Edgar W. Butler) of Race and the Jury: Racial Disenfranchisement and the Search for Justice.

• Preface Table of Cases 1. INTRODUCTION TO RACIALLY MIXED JURIES Racially mixed juries and jury verdicts The significance of minority jurors in the jury box Reform and its barriers Conclusions 2. DEFINING AND MEASURING RACE AND RACIAL IDENTITY Measuring and identifying race Social deconstruction of race: Social elements and concepts Reliability and validity of race as a measurement Racial identity and ancestral backgrounds Deconstructing race and the importance of affirmative action programs Conclusions 3. RACIALLY MIXED JURIES AND AFFIRMATIVE ACTION Affirmative action in jury selection The jury 'de medietate linguae' model The Hennepin County model The social science model Public perceptions of racially balanced juries Results Racially diverse juries, racial quotas, and peremptory challenges Conclusions 4. EUGENE "BEAR" LINCOLN AND THE NATIVE AMERICAN JURY: AFFIRMATIVE ACTION IN JURY SELECTION AND PEREMPTORY INCLUSION People v. Eugene "Bear" Lincoln Defense strategies to increase the likelihood of a racially diverse jury Affirmative jury structures and peremptory inclusion The need for progressive legislative and court action Conclusions 5. THE SIXTH AMENDMENT AND THE RACIALLY MIXED JURY Impartiality The fair cross-section requirementJury of one's peersConclusions 6. SHORTCOMINGS OF PROCEDURALLY BASED REMEDIES: JURY REPRESENTATION FROM THE BEGINNING TO THE END OF THE JURY SELECTION PROCESS The goal of random selection and the fair cross-section doctrineEmpirical checkpoints in jury selectionJury representation from the beginning to the end of jury selection Analyses and findings Partial remedies and their impacts on jury selection Final jury composition: Inequities, remedies, and future reforms Conclusions 7. JURY NULLIFICATION AND THE MINORITY-DOMINANT CRIMINAL JURY: THE O. J. SIMPSON VERDICT AND ACQUITTAL BY RACE Presumption of innocence, the burden of proof, and reasonable doubt The Simpson jury and a hypothetical scenario A hypothetical scenario: Results and findings Jury nullification, racial identity, and legal concepts Conclusions 8. JURY NULLIFICATION AND AFFIRMATIVE ACTION JURIES Jury nullificationJury nullification and affirmative action juries Jury nullification and criminal justice concepts Judicial and legislative history of jury nullification Conclusions 9. RACE AND THE AFFIRMATIVE JURY: CONCLUSIONS The jury and the potential for democracy Distinguishing features of affirmative action in jury selection Conclusions Appendix A: SURVEY AND DATA BASE INFORMATION Community surveys (4 data sets) College student survey (1 data set) Jury panel survey (1 data set) College student experiment (1 data set) Census Information Appendix B: METHODOLOGICAL STRATEGIES ON HOW TO DETERMINE AND MEASURE RACE IN COURTROOMS Notes Bibliography Index