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Among the constitutional issues that may be raised, the defense lawyers said, are questions about the criteria used by prosecutors to select capital cases for trial, about the composition of juries in capital cases, about the wording judges use in instructing such juries and about whether lethal injections cause inhumane pain and suffering.
He is currently working on projects that explore housing price dynamics, racial discrimination in home sales, dynamic equilibrium in a national system of cities, the microdynamics of neighborhood discrimination, and the impact of the racial composition of juries on criminal trial outcomes.
Attorneys have great influence over the racial composition of juries.
The review could not, however, measure the strength of the evidence and the skill levels of detectives and prosecutors in individual cases, nor the racial composition of juries.
While this trend is fairly consistent across juries, a Huffington Post investigation using Stinson's research suggests the racial composition of juries may have influenced the outcomes in many of these cases.
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Meanwhile, prosecutors and judges in Torrance and Santa Monica say the March 4 ruling by the 2nd District Court of Appeal in Los Angeles has caused delays in some criminal trials as officials strive to ensure that the composition of jury pools is in accordance with the ruling.
The other Sixth Amendment concern is the composition of military juries.
For example, prospective jurors who are unwilling to vote for the death penalty are excluded from capital juries, he said, which alters the composition of the jury.
"On Racial Diversity and Group Decision Making: Identifying Multiple Effects of Racial Composition on Jury Deliberations" shows that in a mock jury, placing white jurors in diverse groups raised their performance level, encouraging them to cite more facts, make fewer mistakes, deliberate longer, and conduct broader and more accurate discussions--compared to peers in all-white mock juries.
The jury did not reveal the racial composition of the jury's vote.
The actual efficacy of jury consultants may not be very important because the demographic composition of the jury has little effect on the verdict it renders, usually causing only a 5% 15% variance in verdicts.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com