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Standing Alone: Conformity, Coercion, And The Protection Of The Holdout Juror, Jason D. Reichelt
Standing Alone: Conformity, Coercion, And The Protection Of The Holdout Juror, Jason D. Reichelt
University of Michigan Journal of Law Reform
The holdout juror in felony criminal trials is a product of the near-universal decision rule in federal and state courts of a unanimous verdict. In recent years, courts have increasingly inquired into a jury's deliberations when a holdout juror has been identified amid allegations of misconduct. This Article helps bridge the considerable gap between cognitive psychology and legal scholarship, analyzing the thought processes of the holdout juror through the application of empirical evidence and psychological modeling, to conclude that the improved protection of the holdout juror is a necessary and critical component to the preservation of a defendant's right to …
A Jury Experiment Reanalyzed, Shari Seidman Diamond
A Jury Experiment Reanalyzed, Shari Seidman Diamond
University of Michigan Journal of Law Reform
Researchers in the behavioral sciences have watched with some pride as the courts have given increased attention to social science studies. Judicial interest in empirical studies is a desirable development but one not quite free of danger. The courts are not yet fully accustomed to dealing critically with such evidence. The United States Supreme Court ruled recently, in Colgrove v. Battin, that six-member juries in civil cases meet the seventh amendment requirement of trial by jury. This decision was not surprising in light of Williams v. Florida, in which the Court ruled that six jurors were sufficient to …