|
January 20, 2005
How I avoided jury duty
Scene: Athens, Georgia, a courtroom. A pool of about fifty potential jurors, including me, is being questioned by the defense attorney. Next to him sits his client, a young black male who has been accused of raping a white woman. Attorney: Now, by show of hands, do any of you think that members of certain groups in our society are more likely to commit violent crimes than members of other groups? Me, thinking to myself: Hmm, what would a “no” answer imply? That the prison population is a perfect cross-section of the general population? Clearly not the case. That any demographic over-representation in the prison population is entirely due to bias in arrests and convictions? Hard to believe. Here are the sort of numbers that were in the back of my mind.
(Source here. The most recent Bureau of Justice Criminal Offenders Statistics are here.) I raise my hand. (Yes, I am saying, what I know indicates that not every group commits violent crimes at the same rate.) No other hands go up. Attorney, to me: Okay, which groups? Me: Well, males, especially young males. The economically disadvantaged. Ummm ... (do I really have the nerve to say this next thing?) … blacks. [Note: I’ve since heard that “black” may drop into statistical insignificance if you control for “raised in a single-parent household”; the two regressors are highly correlated among Americans. Anyone know whether that’s true?] [Second note: I did not have a chance to explain to the defense attorney that my answers to his question were irrelevant to how I as a juror would decide in the case. The demographics of the criminal population are only relevant to predicting in a random case, which means independent of the evidence in the case at hand, what the criminal might look like. If compelled to serve on the jury, I intended to listen to the evidence. The question to be tried was whether this particular individual was guilty of the crime with which he was accused in this particular case. The relative frequency with which other members of his demographic commit violent crimes has no bearing.] Attorney: Okay, does anyone else agree with that? One of the three: Also, people with less education. None of the four of us were selected for the jury. What we said was a statistical answer to a statistical question, not an expression of racism. Nonetheless the defense attorney may have rationally excluded us, figuring that those who didn’t agree with us were better indicating that they would not be biased against a black defendant. They were indicating that they would not volunteer to say anything that might seem unsympathetic to the defendant. Any (non-dissembling) anti-black racist in the pool would raise his hand (for the wrong reason); anybody who thinks that “over-representation of blacks in the prison population is entirely due to bias in arrests and convictions” would not raise his hand. Postscript: The defendant was acquitted. Based on what I later read in the local newspaper about the flimsiness of the case against him, I’d have voted to acquit too. Posted by Lawrence H. White at 08:00 PM
·
TrackBack (26)
|
The statesman who should attempt to direct private people in what manner they ought to employ their capitals would not only load himself with a most unnecessary attention, but assume an authority which could safely be trusted, not only to no single person, but to no council or senate whatever, and which would nowhere be so dangerous as in the hands of a man who had folly and presumption enough to fancy himself fit to exercise it. -Adam Smith
Our Bloggers
Joshua HallRobert Lawson E. Frank Stephenson Michael C. Munger Lawrence H. White Craig Depken Tim Shaughnessy Edward J. Lopez Brad Smith Mike DeBow Wilson Mixon Art Carden Noel Campbell
Blogroll
Search
Archives
By Author:
Joshua HallRobert Lawson E. Frank Stephenson Michael C. Munger Lawrence H. White Edward Bierhanzl Craig Depken Ralph R. Frasca Tim Shaughnessy Edward J. Lopez Brad Smith Mike DeBow Wilson Mixon Art Carden Noel Campbell
By Month:
July 2010June 2010 May 2010 April 2010 March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 February 2009 January 2009 December 2008 November 2008 October 2008 September 2008 August 2008 July 2008 June 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004
Powered by
Site design by |