786 research outputs found

    The Results of Deliberation

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    When evaluating whether to sue, prosecute, settle, or plead, trial lawyers must predict the future—they need to estimate how likely they are to win a given case in a given jurisdiction. Social scientists have used mock juror studies to produce a vast body of literature showing how different variables influence juror decision making. But few of these studies account for jury deliberation, so they present an impoverished picture of how these effects play out in trials and are of limited usefulness. This Article helps lawyers better predict the future by presenting a novel computer model that extrapolates findings about jurors to juries, showing how variables of interest affect the decisions not only of individuals but also of deliberative bodies. The Article demonstrates the usefulness of the model by applying it to data from an empirical study of the factors that influence juror decisions in acquaintance rape cases. This application first elucidates a tension in criminal law: even if a substantial majority of jurors in a community would vote to convict a defendant, a majority of juries might still acquit. It also demonstrates that certain legal reforms will have a meaningful effect in some areas of the country but not others, suggesting that rape law reform should occur at a local, not national, level

    Accuracy of Verdicts under Different Jury Sizes and Voting Rules

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    Juries are a fundamental element of the criminal justice system. In this article, we model jury decision making as a function of two institutional variables: jury size and voting requirement. We expose the critical interdependence of these two elements in minimizing the probabilities of wrongful convictions, of wrongful acquittals, and of hung juries. We find that the use of either large nonunanimous juries or small unanimous juries offers alternative ways to maximize the accuracy of verdicts while preserving the functionality of juries. Our framework, which lends support to the elimination of the unanimity requirement in the presence of large juries, helps appraise US Supreme Court decisions and state legal reforms that have transformed the structure of American juries

    Optimal Sequential Decision with Limited Attention

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    We consider a dynamic model of information acquisition. Before taking an action, a decision maker may direct her limited attention to collecting different types of evidence that support alternative actions. The optimal policy combines three strategies: (i) immediate action, (ii) a contradictory strategy seeking to challenge the prior belief, and (iii) a confirmatory strategy seeking to confirm the prior. The model produces a rich dynamic stochastic choice pattern as well as predictions in settings such as jury deliberation and political media choice

    Understanding the Jury with the Help of Social Science

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    A Review of Inside the Jury by Reid Hastie, Steven Penrod and Nancy Penningto

    Appellate Panels and Second Opinions

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