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TO CHALLENGE OR NOT TO CHALLENGE - THE QUESTION SHOULD BE WHOM, NOT WHEN

NCJ Number
40631
Author(s)
S J BRAMS; M D DAVIS
Date Published
1976
Length
10 pages
Annotation
THE RESULTS OF GAME-THEORETIC ANALYSIS SHOW THAT OPTIMAL STRATEGIES FOR THE EXERCISE OF PEREMPTORY CHALLENGES IN THE SELECTION OF A JURY CAN BE DERIVED MATHEMATICALLY.
Abstract
SELECTION PROCEDURES THAT ENCOURAGE SUCH CALCULATIONS MAY NOT BE CONSTITUTIONAL. THE AUTHORS SUGGEST THAT THE 'STRUCK JURY SYSTEM' WHERE PEREMPTORIES ARE NOT EXERCISED OVER TIME IS THE ONLY PROCEDURE THAT IS CONSTITUTIONAL, BECAUSE THERE IS NO MATHEMATICAL ADVANTAGE. (AUTHOR ABSTRACT MODIFIED)..TWH