Keywords

Jury selection; Prosecutorial discretion; Sex disparities; racial disparities; bias in criminal justice; voir dire

Abstract

Within the American judicial system, juries have played a central role in promoting representation and fairness in the courtroom. However, limited information exists on whether prosecutorial decisions during jury selection, jury composition, or jury behavior differ based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Following PRISMA guidelines, this scoping review synthesizes 48 peer-reviewed articles published between the 1940s and 2026 to examine whether prosecutorial decision-making and jury outcomes vary based on the sex, race/ethnicity, type of case, political ideology, or geographic location of potential jurors. Findings indicated that men are disproportionately selected as jury forepersons and participate more actively in deliberations, while women are more likely to vote guilty in criminal cases (particularly in sexual assault and child abuse trials). Although women are more likely to vote guilty, women are less supportive of the death penalty than men. Racial disparities were more pronounced than other demographic disparities, with White jurors overrepresented in jury pools and more likely than racial minority jurors to support convictions and capital punishment, especially in cases involving Black defendants. Case type amplified these demographic effects, such as the increased likelihood of conviction for Black defendants facing drug charges, whereas political ideology and geographic location produced mixed and limited findings. These findings highlight the need for continued evaluation of jury selection practices and reforms that promote representative jury pools. For example, jurisdictions may implement policies that increase oversight of peremptory challenges or expand jury lists to improve diversity of jury pools. Strengthening inclusiveness in the jury selection process is essential for ensuring fairness and maintaining confidence in the justice system.

Thesis Completion Year

2026

Thesis Completion Semester

Spring

Thesis Chair

Peck, Jennifer

College

College of Community Innovation and Education

Department

Legal Studies

Thesis Discipline

Criminal Justice, Legal Studies

Language

English

Access Status

Open Access

Length of Campus Access

None

Campus Location

Orlando (Main) Campus

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