This seminar focuses on the core attributes of the criminal trial jury-those features of the jury that make it an essential democratic institution (in the eyes of some) or a malicious source of inefficiency, instability, and injustice (in the eyes of others). Each class confronts a particular characteristic of the criminal trial jury or a particular controversy that surrounds the jury. The approach will be prominently historical. The course often begins by looking at the origins and later development of the jury to give context to contemporary debates. Readings are sometimes substantial.
Topics include the ideology of the jury; nullification; the jury's role as lie detector; autonomy in decision-making; rules regarding composition of juries and lawyers' exercise of peremptory challenges; the participation of women and racial minorities, both historically and today; death-qualification; scientific jury selection; the deliberation process; and the unanimity requirement. Possible topics include juries in other lands and current reform proposals.