Judging Juries: Evaluating Renewed Proposals for Specialized Juries from a Public Choice Perspective


This article evaluates whether specialized juries are better in dealing with complex cases than lay juries. Public choice theory provides a way to examine the group decisionmaking that occurs in juries. Even the Supreme Court has recognized that juror comprehension levels might differ based on education or inherent ability. Public choice theory indicates collective decisionmaking might differ between lay juries and specialized juries. Informational cascading likely occurs within lay juries when a few jurors have a better ability to comprehend the technical issues in question. Finding a selection method for specialized juries might prove difficult to achieve in practice, but establishing such a selection method for specialized juries by requiring more uniform education or comprehension levels might help to reduce informational cascades.

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