No abstract

This paper examines the impact of jury racial composition on trial outcomes using a unique data set of felony trials in Florida between 2000 and 2010. We utilize a research design that exploits day-to-day variation in the composition of the jury pool to isolate quasi-random variation in the composition of the seated jury, finding evidence that: (i) juries formed from all-white jury pools convict black defendants significantly (16 percentage points) more often than white defendants and (ii) this gap in conviction rates is entirely eliminated when the jury pool includes at least one black member. The impact of jury race is much greater than what a simple correlation of the race of the seated jury and conviction rates would suggest. These findings imply that the application of justice is highly uneven and raise obvious concerns about the fairness of trials in jurisdictions with a small proportion of blacks in the jury pool. IntroductionThe Sixth Amendment to the U.S. Constitution establishes the right of a defendant charged with a crime to a trial by an impartial jury. 1 Yet the history of American criminal justice is replete with cases where the abstract promise of jury impartiality has been called into question. Of special concern are settings where a minority member of a population is tried in a location in which few, if any, members of the same minority are likely to serve on the jury. 2 This concern has arisen repeatedly in the context of race, as blacks generally constitute a small fraction of the population, and therefore seated juries, in the majority of U.S. states and counties. Vastly unequal outcomes -the proportion of blacks in the prison population is almost four times that in the general population -along with anecdotal evidence from many cases have led numerous observers to question whether the criminal justice system treats black defendants (and victims) fairly.Despite the fundamental importance of the equal and impartial application of the law for the American criminal justice system, the empirical literature on the effect of jury racial composition on trial outcomes is sparse and flawed. Studies based on experimental evidence from "mock" trials are limited by numerous simplifications made for experimental expediency and, more fundamentally, by the substantially lower stakes compared to real criminal trials. 3 And, the few studies that examine the correlation between the composition of the seated jury and trial outcomes are problematic because the seated jury results from a non-random selection process. 4 In particular, in the vast majority of criminal trials in the United States, prosecution and defense attorneys are able to exclude a sizeable number of potential jurors in the jury pool from the seated jury without explanation through the use of peremptory challenges. As a result, even if the initial jury pool is randomly drawn, the composition of the seated jury may be correlated with the nature of the charges and evidence in the case as well as the attributes of the defendant.Given th...

This paper analyzes the influence that juvenile offenders serving time in the same correctional facility have on each other's subsequent criminal behavior. The analysis is based on data on over 8,000 individuals serving time in 169 juvenile correctional facilities during a two-year period in Florida. These data provide a complete record of past crimes, facility assignments, and arrests and adjudications in the year following release for each individual. To control for the nonrandom assignment to facilities, we include facility and facility-by-prior-offense fixed effects, thereby estimating peer effects using only within-facility variation over time. We find strong evidence of peer effects for burglary, petty larceny, felony and misdemeanor drug offenses, aggravated assault, and felony sex offenses. The influence of peers primarily affects individuals who already have some experience in a particular crime category. We also find evidence that the predominant types of peer effects differ in residential versus nonresidential facilities; effects in the latter are consistent with network formation among youth serving time close to home.

This article studies the causal effect of educational attainment on conviction and incarceration using Sweden's compulsory schooling reform as an instrument for years of schooling and a 70% sample from Sweden's Multigenerational Register matched with more than 30 years of administrative crime records. We find a significant negative effect of schooling on male convictions and incarceration; one additional year of schooling decreases the likelihood of conviction by 6.7% and incarceration by 15.5%. Though OLS estimates for females are of a similar magnitude to those for males, we find no evidence of a significant causal effect for women.