NCJ Number
15794
Journal
LAW AND THE SOCIAL ORDER Volume: 1973 Issue: 1 Dated: (1973) Pages: 202-228
Date Published
1973
Length
27 pages
Annotation
EXAMINES THE DESIRABILITY OF SUBSTANIAL MAJORITY FINDINGS ON THE BASIS OF CONSTITUTIONAL INFIRMITIES NOT DISCUSSED BY THE COURT AND CONCLUDES THAT THE INTENDED ROLE OF JURIES MAY BE ENDANGERED BY MAJORITY VERDICTS.
Abstract
THE ATTRACTIVENESS OF REDUCED COSTS AND THE REDUCTION OF THE POSSIBILITY OF OBSTRUCTION BY AN IRRATIONAL MINORITY IS ACKNOWLEDGED AS FAVORING THE MAJORITY VERDICT. THE AUTHOR FEARS, HOWEVER, THAT SUCH A SYSTEM WILL FAIL TO GUARANTEE THE PROTECTION REQUIRED BY THE SIXTH AND FOURTEENTH AMENDMENTS. DECREASED PUBLIC ACCEPANCE OF SPLIT VERDICTS, LESS JUROR REACTION TO QUESTIONABLE LAWS, AND INCREASED ALIENATION OF MINORITY GROUPS ARE CONSIDERED THE DANGERS OF ALLOWING A MAJORITY VERDICT.