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Jury Size And The Peremptory Challenge: Testimony On Jury Reform, Richard O. Lempert

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In the essay that follows, Professor Lempert pursues the "lay versus professional" issue, once again in the jury context. He begins by setting forth a general theory of the likely contribution of each. He then applies his posited theory to two issues of current interest to the bar: jury size and the peremptory challenge. The essay originated as testimony (prepared jointly with Dr. Jay Schulman) before a Senate subcommittee considering a bill (S. 2074, 95th Congress, 1st Session) to reduce the number of peremptory challenges in civil cases from three to two and also to require all federal district courts …