Nonparametric Assessment of Racial Disparities in Prosecutorial Peremptory Strikes

Music City Center 

Peremptory strikes allow attorneys to remove jurors without providing a reason, raising concerns about racial bias despite rulings like Batson v. Kentucky (1986) that prohibit race-based exclusions. Using data from the Fifth Circuit Court of Mississippi, we flexibly estimate racial disparities in peremptory strikes by the state and find that Black jurors are struck at a 37% higher rate than white jurors, even when accounting for characteristics like gender, attitudes toward punishment, and trial-level factors such as crime type and defendant race. To explore variability in these conditional differences in strike rates, we employ flexible nonparametric methods, including DR-learners, and assess the importance of specific covariates using variable importance measures. We assess the robustness of our conclusion to unmeasured or partially measured covariates through various sensitivity models. This work introduces a nonparametric, flexible, and robust framework for quantifying racial disparities in jury selection, contributing to the broader goal of ensuring equity in legal proceedings.

nonparametric statistics

racial disparity

peremptory challenge

jury selection

sensitivity analysis 

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