Juror Nullification Could Free Black-Jogger Defendants
11-1 Jury Ratio Increases Chances of Verdict Influenced by Race
The odds that 1 or more jurors will exercise this right is much higher because there are 11 White jurors out of 12, rather than 9 which would more closely mirror the racial makeup of the surrounding county from which the jurors were selected, which is over 25% Black.
In addition to juror nullification, many experts have suggested - again based upon extensive research - that Black and White jurors may well honestly perceive events such as this one differently.
So, whether the reason that White jurors might vote not to convict is based upon juror nullification (under which they believe that the defendant is guilty), or is based upon a different perception that White rather than Black jurors might have of the same situation (where they honestly conclude that the defendants may have had reason to believe that Arbery had committed a crime), the chances that one or more defendants will not be convicted if there are 11 White jurors in likely to be at least 25% greater than if the jurors more closely reflected the racial composition of the county from which they were drawn.
Thus the odds of a "wrong" verdict because of the paucity of Black jurors is substantially higher than a death from a single pull of a trigger in a game of Russian roulette (17%); odds virtually no one would willingly accept, and odds that many in the Black community, and other concerned about this shooting of another unarmed Black man, may likewise be unwilling to accept, suggests the professor.