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Social and Behavioral Sciences Commons

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Utah State University

2018

Business

Jury

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Full-Text Articles in Social and Behavioral Sciences

Bounded Rationality And The Choice Of Jury Selection Procedures, Martin Van Der Linden Nov 2018

Bounded Rationality And The Choice Of Jury Selection Procedures, Martin Van Der Linden

Economics and Finance Faculty Publications

A peremptory-challenge procedure allows the parties to a jury trial to dismiss some prospective jurors without justification. Complex challenge procedures offer an unfair advantage to parties who are better able to strategize. I introduce a new measure of strategic complexity based on level-k thinking and use this measure to compare challenge procedures often used in practice. In applying this measure, I overturn some commonly held beliefs about which jury selection procedures are strategically simple.