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Abstract: 

The concept of an “impartial jury” is the cornerstone of the American judicial system. Given what we know about human behavior, cognition, and attitudes, how can the criminal justice system ensure that a defendant is being tried before an impartial jury? When a case involves a particularly heinous crime, a certain category of victim (e.g., a child, someone who is legally insane), or is committed by someone who is construed to be different and a threat to society, the chances for fairness and impartiality diminish as the influence of social conformity, prejudice, and myth increases.

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Affiliations:  1: Graduate Center, CUNY; 2: Graduate Center, CUNY.