UC Irvine

In forty-nine states and the federal court system, convicted felons are statutorily excluded from serving as jurors. Justifying felon jury exclusion, courts and lawmakers presume that convicted felons would compromise the integrity of the jury process, as they are assumed to lack character and harbor a pro-defense/anti-prosecution pre-trial bias. In a series of three studies, this dissertation explores the empirical validity of the justifications for felon jury exclusion and also examines the possible costs of felon jury exclusion.

Chapter 1 presents a quasi-experiment that compares the pre-trial biases of convicted felons, eligible jurors, and law students. Results suggest that a pro-defense pre-trial bias is not unique to convicted felons and that those with a felony criminal history likely pose no more of a risk to the impartiality of the jury process than do other groups of eligible jurors.

Chapter 2 presents a mock jury experiment that assesses the validity of the character rationale, which holds that convicted felons would diminish the quality of deliberations. This Chapter compares homogenous juries comprised only of non-felon jurors to mixed juries comprised of non-felon and felon jurors, employing content analysis of deliberations and post-deliberation questionnaires. Results suggest that convicted felons likely do little to diminish the quality of deliberations and may enhance that process.

Chapter 3 presents a qualitative field study that involves in-depth, semi-structured interviews with eligible and former jurors – all convicted felons – in Maine, the only state that places no restriction on a convicted felon’s opportunity to serve as a juror. Results suggest that inclusion in the jury process fosters a sense of empowerment and belonging for former offenders, bolstering self-esteem and enhancing one’s sense of self. This study tends to demonstrate that a policy of inclusion may help foster the successful reintegration of those with a criminal history.

Taken together, the studies that comprise this dissertation are the first to empirically explore the rationales for felon jury exclusion and the possible impacts of banishing convicted felons from the jury process. This dissertation marks the start of a new field of inquiry that adds to research on juries, deliberating groups, reintegration, and criminal desistance.