Re-thinking American civil justice: Jury selection, deliberations and verdicts

This dissertation contributes to several current debates on the nature and function of the American civil jury. A brief introduction frames the debates on the civil jury. Chapter 1 argues that the Supreme Court's decisions on the use of the peremptory challenge during jury selection reflect two conflicting goals. The Court's decisions attempt to preserve the power of the peremptory challenge while continuing the Court's long history of combating race and gender discrimination in jury selection. Chapter 2 examines the empirical links between jurors' characteristics and their verdicts in three areas of civil litigation. Logit regression analysis of previously unavailable data on juror decision-making shows that individual-level factors, such as race, gender and case-relevant attitudes, can affect jurors' verdict decisions. Chapter 3 reviews the literature on juror decision-making and identifies common problems that may have led researchers to incorrect conclusions about the determinants of jurors' 3 reviews the literature on juror decision-making and identifies common problems that may have led researchers to incorrect conclusions about the determinants of jurors' verdicts. Chapter 4 explores the effects of deliberations on jurors' verdict decision. Data drawn from post-trial interviews with members of eleven civil juries reveal that pre-deliberation verdict preferences, faction sizes and even juror demographics can affect jurors' propensity to change their minds during deliberations. The conclusion summarizes the findings of the dissertation and offers a brief look at proposals for reform of the American civil justice system.