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Criminal Juries in the 21st CenturyPsychological Science and the Law$
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Cynthia Najdowski and Margaret Stevenson

Print publication date: 2018

Print ISBN-13: 9780190658113

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780190658113.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2021

LGBTQ in the Courtroom

LGBTQ in the Courtroom

How Sexuality and Gender Identity Impact the Jury System

(p.61) 4 LGBTQ in the Courtroom
Criminal Juries in the 21st Century

Jordan Blair Woods

Oxford University Press

This chapter reviews a limited but emerging body of research on biases that arise and affect lesbian, gay, bisexual, transgender, and queer (LGBTQ) jurors as well as juror decision-making when LGBTQ individuals are involved in criminal cases. The chapter also discusses recent research and legal developments surrounding jury selection and LGBTQ identity and describes debates over best practices to identify and combat anti-LGBTQ juror biases. Finally, the chapter reviews gay and trans “panic” defenses in cases involving the murders of LGBTQ individuals and examines other challenges that LGBTQ defendants and victims face in different criminal contexts. Although there is a need for future studies, the available research illustrates how challenges linked to sexuality and gender identity in the criminal jury system can compromise legitimacy and fairness in the criminal justice system more broadly.

Keywords:   gender identity, sexuality, anti-LGBTQ bias, juror bias, jury selection, gay panic defense, trans panic defense

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