The American Jury

Kalven, Harry; Zeisel, Hans

doi:10.1037/e438152008-191

Cited by 306 publications

(422 citation statements)

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“…The increased disparity found in drug cases may be explained, in part, by the liberation hypothesis. This theory, developed by Kalven and Zeisel (1966), holds that jurors (or, in this case, any judicial actors determining a sentence) are "liberated" from legal constraints in less serious cases in which evidence is "weak or contradictory," allowing them more room for discretion (Spohn and Cederblom 1991). In their analysis of violent felony cases in Detroit, Spohn and Cederblom (1991) find that liberation hypothesis holds with regard to the decision to incarcerate.…”

Section: The Liberation Hypothesis and Unwarranted Disparities In Drumentioning

confidence: 99%

And Justice for All? Racial and Ethnic Disparities in Federal Drug Courts in California and the US

Chen¹,

Nomura²

2015

CJPP

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This study uses data obtained from the United States Sentencing Commission for fiscal years 2003, 2007, and 2012 to examine racial and ethnic disparities in drug crime sentencing. The authors use linear regression to assess disparities in sentence length between African-American and white offenders and Latino and non-Latino offenders and a binary logistic regression model to assess black/white and Latino/non-Latino disparities in the odds of receiving a sentence below the range stipulated by the Federal Sentencing Guidelines.At the national level, the study found significant racial disparities that disadvantage AfricanAmerican offenders in sentence length and odds of a below-range sentence. The study observed no disparities between African-American and white offenders in California for sentence length in 2003 or 2012, or for below-range odds in any of the three years. Nationally, ethnic disparities that disadvantaged Latino offenders were found in both sentence length and odds of a belowrange sentence.In California, Latino offenders tended to receive longer sentences than others in 2003 and 2007 and had lower odds of a sentence below the guideline range in 2012. The years included in this study bracket the Supreme Court case, United States v. Booker, but we found no clear impact of the case with regard to racial or ethnic disparities in sentencing outcomes.2

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Section: The Liberation Hypothesis and Unwarranted Disparities In Drumentioning

confidence: 99%

And Justice for All? Racial and Ethnic Disparities in Federal Drug Courts in California and the US

Chen¹,

Nomura²

2015

CJPP

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“…27 See, for instance, Kalven and Zeisel (1966) and Simon (1975) for the controversy over the merits of using lay juries. In Skidmore v. Baltimore and Ohio R.R., 116 F.2d 54 (1947), Judge Jerome Frank wrote: "While the jury can contribute nothing of value so far as the law is concerned, it has infinite capacity for mischief, for twelve men can easily misunderstand more law in a minute than the judge can explain in an hour."…”

Section: Juror Naivetymentioning

confidence: 99%

Adversarial Bias, Litigation, and the Daubert Test: An Economic Approach

Kim

2016

SSRN Journal

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The last few decades have seen a dramatic shift in the admissibility of expert testimony in American courtrooms from a laissez-faire approach to a strict standard for admissibility, often called the Daubert test. The implicit rationale behind such a stringent standard for admissibility is the trier of fact's vulnerability to adversarial bias, which many legal scholars and practitioners assume to be rampant. Employing a standard litigation model in the literature, I demonstrate that client-expert relationships may not always exhibit adversarial bias and that a litigant may voluntarily present neutral expert testimony under certain situations. I also show that a litigant is more likely to deploy hired guns if the litigation environment is more favorable to his cause. In particular, the burden of proof assignment and the court's prior belief are shown to influence adversarial bias.

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“…Concern for juror effectiveness led one federal judge, with consent of all parties, to experiment with selecting jurors on the basis of educational background (p.319). Several writers have addressed the jury competence issue, including Kalven and Zeisel (1966), Kalven (1964), Visher (1987), Kadish and Kadish (1971), Scheflin and Van Dyke (1980) , Williams (1963) and Greene (1983). Visher (1987) posits the most serious criticism of the jury system is that jurors are not competent to impartially consider evidence and decide issues of fact.…”

Section: Evidence From Literaturementioning

confidence: 99%