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CONVINCING EMPIRICAL EVIDENCE ON THE SIX-MEMBER JURY

NCJ Number
14084
Journal
University of Chicago Law Review Volume: 41 Issue: 2 Dated: (WINTER 1974) Pages: 281-295
Author(s)
H ZEISEL; S S DIAMOND
Date Published
1974
Length
15 pages
Annotation
A REVIEW AND CRITICISM OF EXPERIMENTAL DESIGN AND THE INTERPRETATION OF RESULTS IN FOUR STUDIES ON THE EFFECTS OF THE USE OF SIX MAN JURIES, WITH SUGGESTIONS FOR VALID EXPERIMENTAL DESIGNS TO ASSESS SIX-MAN JURY RESULTS.
Abstract
THE AUTHORS DISCUSS THE INCREASING USE OF SIX MAN JURIES AND THE INCREASE IN REFERENCES BY THE UNITED STATES SUPREME COURT TO EMPIRICAL STUDIES ON THE USE OF SIX MAN JURIES. FOUR OF THE STUDIES CITED BY THE SUPREME COURT ARE REVIEWED. THESE INCLUDE WASHINGTON AND NEW JERSEY STUDIES WHICH COMPARE JURY TRIALS WITHIN A SYSTEM THAT ALLOWS LITIGANTS TO CHOOSE BETWEEN THE TWO JURY SIZES, A MICHIGAN STUDY USING TRIAL RESULTS IN A 'BEFORE-AND-AFTER STUDY,' AND A LABORATORY STUDY USING EXPERIMENTAL JURIES. PROBLEMS IN THE INTERPRETATION OF STUDY RESULTS AND IN EXPERIMENTAL DESIGN WHICH MAY HAVE LEAD TO ERRONEOUS CONCLUSIONS ABOUT THE LACK OF DIFFERENCES IN SIX- AND TWELVE-MAN JURIES ARE DISCUSSED. STRATEGIES WHICH WOULD ALLOW ACCURATE ASSESSMENT OF THE DIFFERENCES IN TRIAL RESULTS INDUCED BY VARIATIONS IN JURY SIZE ARE OUTLINED.

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