[lbo-talk] jury duty

Wojtek Sokolowski sokol at jhu.edu
Wed May 17 12:36:01 PDT 2006


Justin:

I agree with Doug that the jury system is great.

[WS:] Why? I think it served its purpose in autocratic or monarchic systems as a check against the ruler's control of the courts - but in a democracy? I think in a democratic society that safeguard can be implemented in a far more efficient way, e.g. by judicial appointments and judicial reviews.

At the same time, the jury process is prone to demagogy, arbitrariness and extrajudicial influences in jury selection, groupthink and theatrics, which exerts a rather heavy transaction cost on justice administration. Given that cost and the vastly diminished if not altogether eliminated benefit of providing checks and balances, I do not think much of the jury process. It is more like a time honored tradition, like apple pie, main street shops, or baseball, it creates feel-good atmosphere, but it sucks when it is taken solely on its merits.

Wojtek



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