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Reasoned Verdicts: Oversold?, Kayla A. Burd, Valerie P. Hans
Reasoned Verdicts: Oversold?, Kayla A. Burd, Valerie P. Hans
Cornell International Law Journal
Jurors are lay fact-finders, untrained in the complexities of law and legal rules, and yet reasoned verdicts require that their reasons conform precisely to the law. This difficulty is the impetus for additional interaction with the court, as jurors must often call on legal assistance when drafting their verdicts. This necessity undermines the independence and power of jurors and opens the door for external pressures and biases to encroach on jurors’ decisions. When judges overturn jury verdicts that they consider insufficiently reasoned, judges substitute their judgments for those of the jurors. In addition, reasoned verdicts may lead to post hoc …
The Rebirth Of Japan’S Petit Quasi-Jury And Grand Jury Systems: A Cross-National Analysis Of Legal Consciousness And The Lay Participatory Experience In Japan And The U.S., Hiroshi Fukurai
Cornell International Law Journal
No abstract provided.