
Contents
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I. Introduction I. Introduction
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II. Juries II. Juries
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A. The ecology of the jury trial A. The ecology of the jury trial
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B. Creating narratives from conflicting stories B. Creating narratives from conflicting stories
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C. Juries' decisions compared to judge decisions C. Juries' decisions compared to judge decisions
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D. Other comparisons of jury performance D. Other comparisons of jury performance
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E. Juries and experts E. Juries and experts
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F. Other complex trials F. Other complex trials
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G. Methodological issues in jury research G. Methodological issues in jury research
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H. The jury as a democratic institution H. The jury as a democratic institution
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III. Mixed Tribunals III. Mixed Tribunals
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A. Methodological issues A. Methodological issues
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IV. Lay Magistrates IV. Lay Magistrates
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V. Justices of the Peace V. Justices of the Peace
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VI. Laypersons in Other Legal Settings VI. Laypersons in Other Legal Settings
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VII. Conclusion VII. Conclusion
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References References
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27 Lay Decision-Makers in the Legal Process
Get accessNeil Vidmar is Russell M Robinson II Professor of Law and Professor of Psychiatry at Duke University.
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Published:18 September 2012
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Abstract
Laypersons serve at critical junctures in the legal process. This article provides an overview of research about layperson roles and draws attention to the research methodologies used in studying them. It also discusses the jury system because, in addition to the fact that this institution has attracted the greatest quantity of empirical research on lay participation in legal processes, the studies have also involved the greatest range of methodological approaches, thus allowing exploration of their various strengths and weaknesses. Research on mixed tribunals, lay magistrates, justices of the peace and other forms of lay participation are also discussed in the article. There are literally hundreds of empirical studies bearing on jury competence and behavior. More systematic research surveying the extent of layperson roles in different cultures and countries is needed and studies of how laypersons actually perform in these roles is crucial.
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