This seminar examines the modern American jury, a controversial entity that empowers average citizens to participate in legal decision making. Proponents of trials by jury defend them as evidence of our shared commitment to democracy and liberty. Critics argue, however, that juries are “the apotheosis of the amateur” and are often incompetent, irrational, and biased (both overtly and subconsciously). Drawing from the interdisciplinary writings of legal academics, historians, philosophers, psychologists, and economists, this seminar will examine the historical and philosophical underpinnings of the modern American jury and will critically evaluate how well jurors make legal decisions.

This course will familiarize you with the black letter law governing, issues surrounding, and unresolved questions concerning the modern jury. We will cover a wide array of topics, including the history of the jury, its formation, how well jurors make decisions, verdicts and nullification, damages awards, the death penalty, and the changing role of technology. Seminar grades will be determined through a research paper, presentation, and short assignments throughout the semester.