Jury Size

Abstract

As defined by the Supreme Court, trial by an impartial jury of one's peers is a procedural due process right; however, the Court has frequently been called on to establish its opera tive parameters. This project evaluates the "simulated impact" of Court decisions which outline an optional reduction in jury size from twelve to below twelve members. The direc tion of a jury's verdict is the most obvious and consequently the most studied of its output (i.e., does a jury find the defendant guilty, not guilty, or is it unable to reach a verdict?). This research evaluates the impact of a jury's size on a surrogate measure of "correctness" —the accuracy of evidence recall. The findings demonstrate very little relationship be tween a juror's ability to recall accurately evidence and the size of his/her jury.