Friday, December 4, 2009

Experts judges on jury, italian jury system

I am intrigued about the Italian jury system, where there are two judges and six members of the public. Would this be a model for deciding technical cases, in malpractice cases, a jury of two doctors and six members of the public. In criminal cases such as the recent murder trial involving an American exchange student, would it not be better to have forensic specialists as well.

Obviously, this brings up the whole issue of the role of expertise and that of sortition juries in various cases, an issue in which I intend to explore fully.

In researching this, I found a New York Times article from 1873 pointing out some peculiar decisions by Italian juries in what would be called jury nullification in the United States Today, but also displaying a prejudice against the Italian people, that would not be acceptable today.

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