Justice and the Jury

Abstract

The jury has been described as serving one of two separate functions. It can be seen as an institution designed to ensure the accuracy of fact finding in the adjudication of disputes, applying to the facts of the dispute the law as given by the judge; or it can be seen as an institution which has the right to construe or ignore a relevant rule of law in a case in which its application would not be in accord with the notions of justice and fairness prevailing in the community. After a short review of some of the views taken on each of these sides, we consider the kinds of extra‐legal factors that appear to influence jury decisions.

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