The Institutionalization of Conflict: Jury Acquittals

Mortimer R. Kadish · Sanford H. Kadish

41 citations0/0 files storedJournal of Social Issues

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Jury Decision Making Processes Legal processes and jurisprudence Judicial and Constitutional Studies

Abstract

Legal systems, like other social systems, sometimes adjust to the circumstances of human life otherwise than through the procedures for controlled change explicitly built into them. One primary way is through the institutionalization of powers, rights, privileges, and duties that engender conflict for individuals who must reach their decisions with respect to such powers, rights, privileges, and duties. A prime example is the jury role in acquittals. The obligation to defer to the court's instructions, while binding on the juror, exists side by side with a protected power and privilege to override that obligation. The result is the legitimated interposition of the juror's judgment between the consequences of the court's instructions and the fate of the defendant. There follows the possibility of a justified departure from rules by agents acting in role, a possibility that may serve social ends of major significance.

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1967The Model of Rules 2023Law in books and law in action 2017The Model of Rules 1899A Preliminary Treatise on Evidence at the Common Law 1963Judicial Discretion

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1979The other issues in jury simulation research: A commentary with particular reference to defendant character studies.1978Obedience and responsibility: A jury simulation.1981Dissent in Organizations 1986Pretrial Publicity, the Timing of the Trial, and Mock Jurors' Decision Processes 1999Procedural and Legal Motivations to Correct for Perceived Judicial Biases 1975Justice and the Jury 1975Social Psychology, Criminal Justice, and the Principle of Discretion: A Selective Review 1991Changing views of jury power: The nullification debate, 1787–1988.

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