Jury Deliberation

Juries are tasked with the duty of deliberating and applying the law to the case at hand. But it is unclear whether juries deliberate or deliberate well enough. Factors which may affect jury deliberation are the motivation of jurors, characteristics of jurors, emotions during and after trial, bargaining, charges, and dissenters. This paper argues that jurors do engage in rigorous dialogue which eventually results in compromises, although whether this creates an unjust verdict is unclear

Deliberation across Deep Divisions. Transformative Moments

In group discussions of any kind there tends to be an up and down in the level of deliberation. To capture this dynamic we coined the concept of Deliberative Transformative Moments (DTM). In deeply divided societies deliberation is particularly important in order to arrive at peace and stability, but deliberation is also very difficult to be attained. Therefore, we wanted to learn about the conditions that in group discussions across the deep divisions of such societies help deliberation. We organized such group discussions between ex-guerrillas and ex-paramilitaries in Colombia, Serbs and Bosnjaks in Srebrenica, and poor residents and local police officers in the favelas (slums) of Brazil. We could identify factors that help to transform discussions from low to high deliberation and risk transformations in the opposite direction. We could also identify factors that help to keep a discussion at a high level of deliberation, and, in a next step, we could determine to what extent long sequences of deliberation had a positive impact on the outcomes of the discussions. Finally, we show how our research results can have a long term effect if it is used in schools of such deeply divided societies

Capturing and representing deliberation in participatory planning practices

In this paper we argue for the importance of capturing and representing deliberation in participatory planning practices. We discuss the concept of deliberation in planning theory, and argue for a paradigm that puts deliberation at the centre of public participation to planning decision. We argue that in order to enable effective participation, the normally ephemeral delib- eration process needs to be captured and represented so that the information and knowledge gathered during deliberation is visible for all, can be effectively traced, reused, and can actively influence planning decisions. To scaffold this we describe the integration of three technologies to create a collective project memory structured against five dimensions of participatory plan- ning processes: dialogical, social, spatial, temporal and causal. Based on several authentic par- ticipatory planning cases, we report that this supported deliberation across planning tasks, communication modes, time and environments. The coupled use of online and offline group- ware technologies created a more expressive and transparent participatory knowledge base than is possible with conventional media, and enhanced participatory planning by: supporting the effective capture and representation of deliberation processes and products; providing a rich picture of the social setting in which planning decision develops and supporting reflection in and on planning actions

Sustaining Public Engagement: Embedded Deliberation in Local Communities

Describes nine communities using organized deliberation to consider public issues over several years and their accomplishments and analyzes how public deliberation addresses deficits in local democratic governance. Includes benchmarks and strategies

Deliberation across Deep Divisions. Transformative Moments

From the local level to international politics, deliberation helps to increase mutual understanding and trust, in order to arrive at political decisions of high epistemic value and legitimacy. This book gives deliberation a dynamic dimension, analysing how levels of deliberation rise and fall in group discussions, and introducing the concept of 'deliberative transformative moments' and how they can be applied to deeply divided societies, where deliberation is most needed but also most difficult to work. Discussions between ex-guerrillas and ex-paramilitaries in Colombia, Serbs and Bosnjaks in Bosnia-Herzegovina, and police officers and locals in Brazilian favelas are used as case studies, with participants addressing how peace can be attained in their countries. Allowing access to the records and transcripts of the discussions opens an opportunity for practitioners of conflict resolution to apply this research to their work in trouble spots of the world, creating a link between the theory and practice of deliberation

Emotion, deliberation, and the skill model of virtuous agency

A recent skeptical challenge denies deliberation is essential to virtuous agency: what looks like genuine deliberation is just a post hoc rationalization of a decision already made by automatic mechanisms (Haidt 2001; Doris 2015). Annas’s account of virtue seems well-equipped to respond: by modeling virtue on skills, she can agree that virtuous actions are deliberation-free while insisting that their development requires significant thought. But Annas’s proposal is flawed: it over-intellectualizes deliberation’s developmental role and under-intellectualizes its significance once virtue is acquired. Doing better requires paying attention to a distinctive form of anxiety—one that functions to engage deliberation in the face of decisions that automatic mechanisms alone cannot resolve

What Happened on Deliberation Day?

What are the effects of deliberation about political issues? This essay reports the results of a kind of Deliberation Day, involving sixty-three citizens in Colorado. Groups from Boulder, a predominantly liberal city, met and discussed global warming, affirmative action, and civil unions for same-sex couples; groups from Colorado Springs, a predominately conservative city, met to discuss the same issues. The major effect of deliberation was to make group members more extreme than they were when they started to talk. Liberals became more liberal on all three issues; conservatives became more conservative. As a result, the division between the citizens of Boulder and the citizens of Colorado Springs were significantly increased as a result of intragroup deliberation. Deliberation also increased consensus, and dampened diversity, within the groups. Hence Deliberation Day produced group polarization, in the distinctive form of ideological amplification. Implications are explored for the uses and structure of deliberation in general.

Deliberation and pragmatic belief

To what extent do our beliefs, and how strongly we hold them, depend upon how they matter to us, on what we take to be at stake on them? The idea that beliefs are sometimes stake-sensitive (Armendt 2008, 2013) is further explored here, with a focus on whether beliefs may be stake-sensitive and rational. In contexts of extended deliberation about what to do, beliefs and assessments of options interact. In some deliberations, a belief about what you will do may rationally influence your estimate of the value of doing it; deliberation dynamics provides a framework for modeling such interactions. A distinction is drawn between sensitivity to the magnitude of the stakes, and sensitivity to the shape of the stakes. Contexts of extended deliberation are settings in which some beliefs that p rationally depend on the shape of the stakes on p. The dependence is either rational stake-sensitivity or an outcome of rational learning; empirical evidence concerning contexts of deliberation may lead us to model rational beliefs in one way or the other