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Full-Text Articles in Law
The Big Data Jury, Andrew Ferguson
The Big Data Jury, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
This article addresses the disruptive impact of big data technologies on jury selection.Jury selection requires personal information about potential jurors. Current selection practices, however, collect very little information about citizens, and litigants picking jury panels know even less. This data gap results in a jury selection system that: (1) fails to create a representative cross-section of the community; (2) encourages the discriminatory use of peremptory challenges; (3) results in an unacceptably high juror “no show” rate; and (4) disproportionately advantages those litigants who can afford to hire expensive jury consultants.Big data has the potential to remedy these existing limitations and …
Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax
Harmless Constitutional Error And The Institutional Significance Of The Jury, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
Appellate harmless error review, an early twentieth-century innovation prompted by concerns of efficiency and finality, had been confined to nonconstitutional trial errors until forty years ago, when the U.S. Supreme Court extended the harmless error rule to trial errors of constitutional proportion. Even as criminal procedural protections were expanded in the latter half of the twentieth century, the harmless error rule operated to dilute the effect of many of these constitutional guarantees-the Sixth Amendment right to jury trial being no exception. However, while a tradeoff between important process values and the Constitution's protection of individual rights is inherent in the …
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax
The Jurisdictional Heritage Of The Grand Jury Clause, Roger A. Fairfax
Articles in Law Reviews & Other Academic Journals
No abstract provided.