Law in Contemporary Society

View   r13  >  r12  ...
MichaelBerkovits-FirstPaper 13 - 24 Mar 2008 - Main.EbenMoglen
Line: 1 to 1
 
META TOPICPARENT name="FirstPaper%25"
Changed:
<
<		[This edit, which comes after the submission deadline, simply corrects a typo in the section "Evidence of Errors..."]
>
>
 
Line: 50 to 50
 

Deleted:
<
<		oops, sorry Michael, didn't mean to edit. I didn't change anything. I like the paper, by the way. -- KalebMcNeely - 14 Feb 2008

# * Set ALLOWTOPICVIEW = TWikiAdminGroup, MichaelBerkovits

 \ No newline at end of file
Added:
>
>
  • The thesis of this essay seems to be that the incompatibility between cognitive psychology and jury trial was first noticed yesterday. But we are more than half a century into this particular iteration of the discovery that naive juries are defective fact-finders; it's been made several times in the last five hundred years, for a number of different reasons each time. The persistence of the institution is not based on a misguided belief in the accuracy of jury decisions in difficult cases, and was certainly not based on a belief in jury inerrancy. So in order to go beyond the obvious, the essay has to grapple with the real questions: how can the other desirable functions of the jury be attained in an environment of enhanced accuracy, or--if juries are necessary despite their unreliability--what forms of appellate check are desirable. This latter line of questioning, which would directly confront the decline in "sufficiency of evidence" review over the past quarter century, is likely to be particularly fruitful. Innocence Projects, with their close scrutiny of forensic laboratory results, for example, locate failure modes in the process that jury scrutiny will never reveal.
 \ No newline at end of file

Revision 13r13 - 24 Mar 2008 - 19:02:17 - EbenMoglen
Revision 12r12 - 18 Mar 2008 - 21:24:52 - IanSullivan
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM