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How can we justify using juries in our court systems when there are significant problems of discrimination and stigmatization against certain groups? Don't such common biases in society undermine the role of the jury as a supposedly neutral judge of evidence?

February 29, 2012

Response from Andrew Pessin on February 29, 2012

I'm reminded of (I think) Churchill's observation that democracy is a terrible form of government, but it's the least bad of all the alternatives .... You are surely right in your observation, but what alternative would be better? *Every* individual may well be subject to the same biases, even "experts," and you have to put the accused up for judgment before *someone*: at least if you make it a reasonably large group of people, and do your best to avoid "biased" people, and to select "peers," you seem to maximize your chances of getting something resembling "objectivity" or neutrality ...

ap


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