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[–]NotBrooklyn2421 107 points108 points  (24 children)

What’s the jury selection process? Do lawyers and judges still interview every juror? Or are we just randomly selecting people to participate?

[–]phaedrus1313[S] 65 points66 points  (23 children)

Oh, good question, thanks for bringing it up.

We can skip the whole selection process & just randomly select folks to participate.. Another benefit of having a large number of jurors is that folks with strong personal bias or conflicting personal experiences are diluted by the very large jury pool. So the whole system gets way more efficient also!

[–]NotBrooklyn2421 59 points60 points  (3 children)

I see the vision. Definitely a bit of a crazy idea, but it’s a fun idea.

[–]Nancy-Tiddles 9 points10 points  (0 children)

Not too dissimilar to the classical Athenian judicial system in my understanding. Juries of hundreds or thousands were the norm and their membership was picked by lot

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    [–]SoleSurvivor69 17 points18 points  (13 children)

    The problem gets to be when a case is politicized as many are, and there’s virtually no possible way to reach 85% when half the jurors are biased. The selection process is part of the process for a good reason

    [–]ACoderGirl 6 points7 points  (3 children)

    There's biases no matter what, though. I wonder how many people with concerning biases slip past the jury selection process due to bad lawyers, them hiding it (eg, if I were selected for the Luigi trial, I'd do my best to not be weeded out), or lawyers just not realizing something would play a big role. I do wonder if a sufficiently large jury pool might reduce certain problems simply by better representing the average person. Aren't juries supposed to be peers, anyway? If the selection process can filter out all the people you'd consider peers, isn't that a bigger problem?

    [–]SoleSurvivor69 1 point2 points  (1 child)

    Peers doesn’t mean what you’re taking it to mean in this case.

    And the argument you’re basically making is trade a flaw or the same flaw. At least in the existing process—there is a selection process.

    [–]ACoderGirl 1 point2 points  (0 children)

    r.e. peers, I'm particularly thinking of things like black people being judged by all white juries. My understanding is that while it's illegal in most places to eliminate jurors based solely on race, it happens a lot anyway. Only a couple of years ago, my country of Canada abolished peremptory challenges of jurors (can now only eliminate jurors with cause and judge approval). My understanding is that the US still allows this practice.

    [–]DeadlyAureolus 0 points1 point  (0 children)

    Aren't juries supposed to be peers anyway?

    no, juries are supposed to be as objective and unbiased as possible. The whole reason they exist is because all the power and responsibility of deciding who's guilty falling on a single person was considered too much/unfair

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      [–]oboshoe 0 points1 point  (0 children)

      I think you are right.

      I think verdicts would end up splitting along along lines right down the middle about 50/50. Based on criteria we have even thought about yet.

      And then people on the internet would have pointless arguments about verdicts.

      And verdicts would depend on how many people choose to login in.

      [–]mercury_pointer 0 points1 point  (5 children)

      Sounds like those cases are effectively decided by which lawyer exploits the selection rules better. That doesn't seem like an improvement.

      [–]SoleSurvivor69 1 point2 points  (3 children)

      No one said improvement, it’s the way it is now. Having ZERO juror selection process is certainly not an improvement lmao

      [–]mercury_pointer 1 point2 points  (2 children)

      Improvement over OP's suggestion, not the current situation.

      As far as I can see selection is an undemocratic way for the lawyers and judges to put their fingers on the scales. What purpose are you saying it serves?

      [–]DreadLindwyrm 1 point2 points  (0 children)

      For one thing it helps remove "He's guilty, just look at him" types from the pool.
      As well as "Well, he looks like a *good Christian boy*, so he'd *never* do anything wrong".
      Or "yeah, I know Dave well, married to my sister. Couldn't meet a nicer bloke..."

      [–]TheIronSoldier2 0 points1 point  (0 children)

      Because both sides can put their finger on the scale, it ends up being more even than you think

      [–]pakrat1967 0 points1 point  (0 children)

      There may be some truth to that. There was a TV series from 2016-2022 called Bull. The main character, a doctor of psychology. Ran a law firm that strategically selected jurors that were more likely to decide in favor of the firm's client. Of course it was fictional, but the idea had to come from somewhere.

      [–]nekmatu 4 points5 points  (0 children)

      Let’s ask the ladies in Salem how this worked out for them.

      [–]DreadLindwyrm 1 point2 points  (0 children)

      So no voir dire stage where biased jurors are excluded?

      [–]Ateist 1 point2 points  (2 children)

      folks with strong personal bias or conflicting personal experiences are diluted by the very large jury pool

      Personal is diluted - but biases common to the population are not.
      So if 60% of population has racist tendencies, you'd end up with 60% racist jury.

      [–]SoylentRox 0 points1 point  (1 child)

      Reduced variance though. Presumably jury screening in no way reduces racial bias it just makes it vary highly. So where the defendant is convicted or not often depends on the race that the jury is and the race of the defendant.

      [–]Ateist 1 point2 points  (0 children)

      Presumably jury screening in no way reduces racial bias

      Statistically, 75% of US population is going to experience violent crime in their lifetime, and 45% of assaults is by blacks.

      That's instant personal racism bias of at least 33%, and far greater if you count assault on friends/family.

      Such racism is likely to be greatly diminished after jury screening.

      [–]OverallManagement824 48 points49 points  (7 children)

      It would reduce the importance of jury deliberation. You think the jurors all hate their lives so much that they willingly choose to stay locked together in a room for days, or even weeks, while they go through all the details of a complex case? Maybe they just like free lunch?

      Now, instead of having a dozen people talking together and deliberating, you think it should be thousands? That sounds like a surefire way to guarantee the jury just goes and decides in favor of whichever party looks better at the first glance.

      [–]TylertheFloridaman 10 points11 points  (3 children)

      This I think is the most important thing, you just can't really have a good discussion with that many people voice their opinion especially on potentially multi day cases that have a large number of complexites

      [–]Rrrrandle 1 point2 points  (1 child)

      Just a few of the loudest people's voices will be heard, and chances are any good rebuttal to them will be drowned out.

      [–]OverallManagement824 0 points1 point  (0 children)

      And don't forget the reality that any poisoning of the well that occurs by influential people opining to the press will now have an even greater influence on the proceedings. I mean, a judge can kind of keep control over 12 people, but make it a couple thousand?

      What are we going to do? Track everybody with AI and basically treat thousands like criminals every day just to achieve our own aims? Imagine having to go and tell your boss that you can't come in to work today because you have jury duty 100x more than you already have to. That doesn't sound good to me. Even 12 people away from their lives is a burden on those 12, which we should loathe in a society that purports to be free. But if that's the price we have to pay to live in one, then I think we all mostly can get behind that and take our civic duty seriously, but a dozen sounds better to me than thousands.

      [–]DuineDeDanann 0 points1 point  (0 children)

      random breakout rooms for discussion lol

      [–]StarChild413 1 point2 points  (0 children)

      and also the bigger you make the jury have to be by default the less room there is for voire dire to mean shit and someone with some conflict of interest that would be excluded from a traditional jury in a given case would potentially sneak through under OP's idea just due to sheer numbers

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        [–]Proud-Ad-146 19 points20 points  (1 child)

        Mmmmm gameified justice. Can't wait for the Twitch-streamed cases getting decided by fandoms and influencers telling their followers to convict.

        [–]Proud-Ad-146 1 point2 points  (0 children)

        Like imagine the Johnny Depp Amber Heard case. It would be so freaking dumb.

        [–]Rainbwned 36 points37 points  (12 children)

        There already is a high threshold for conviction - unanimous.

        [–]phaedrus1313[S] 2 points3 points  (10 children)

        Unanimous for only 12 people is not a high bar. Easily susceptible to a smooth talking juror

        [–]Rainbwned 19 points20 points  (7 children)

        Why is 85% with thousands of people over zoom any more difficult?

        [–]ThomasVetRecruiter 16 points17 points  (2 children)

        I don't know about difficult but it does also help weed out cases where a juror is threatened to not convict or where a juror may refuse to convict solely on some belief outside of the letter of the law.

        I like 85-90% with a high sample size - it feels more reliable.

        Like Amazon reviews. 5 stars with 12 reviewers feels more shady/less reliable than 4.5 stars with 3000 reviews.

        [–]SoleSurvivor69 7 points8 points  (0 children)

        The problem is that an even slightly politicized case won’t possibly ever yield a conviction

        [–]phaedrus1313[S] 1 point2 points  (0 children)

        yes, exactly!!

        [–]phaedrus1313[S] 4 points5 points  (3 children)

        Not so much that it's more difficult, but that it's more likely to get a good outcome, given the large number of people who need to agree.

        Very similar to why Wikipedia has highly accurate information, often moreso than reference materials produced by a small number of dedicated people.

        [–]Korver360windmill 2 points3 points  (2 children)

        It would have an interesting impact on cases, since most juries are forced to come to a unanimous conclusion.

        Would these new trials require that the jury pool meets that 85% threshold one way or another?

        I would imagine there would be much more hung juries. Imagine if it were a 50/50 split to start, how long are they going to argue to try to convince people to their side? I think trying to convince that many people could be daunting, especially with so many people likely clamouring to speak.

        Thoughts?

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          [–]TL-PuLSe 0 points1 point  (0 children)

          You're just describing influencers on a smaller scale

          [–]OrderOfMagnitude 0 points1 point  (0 children)

          So we just need 12 out of the 1000s to agree, right?

          [–]Fantastic-Corner-605 10 points11 points  (2 children)

          Do you really want social media mobs to decide whether or not to send people to jail or the gallows? You would have obviously guilty people go free because they look cute or are good at speaking or the right race and clearly innocent people getting punished because they look creepy, made some mean comment online, wrong race or religion, or give bad vibes whatever that is.

          [–]ares21 -1 points0 points  (1 child)

          How does this only apply to remote jurors?

          Theyd have to ensure the juries actually log in to watch the trial and dont decide based on a single tiktok video.

          [–]wesborland1234 1 point2 points  (0 children)

          The problem is when you’re remote you are more or less anonymous. Look how people talk on Reddit vs real life

          [–]SconiGrower 5 points6 points  (3 children)

          Are you still going to summon people for jury duty? Are they all going to still need to watch the entire proceedings?

          [–]phaedrus1313[S] 2 points3 points  (2 children)

          We're going to summon folks, but just randomly. And yeah, they should watch the whole proceedings, and maybe we use that annoying tech that companies use to make sure folks are sort of paying attention to annual security trainings to monitor some level of engagement. But some folks won't pay attention and that's ok .... because we have so many people that the low engagement folks don't overly impact anything!

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            [–]chickey23 3 points4 points  (2 children)

            Can jurors be voted off for being slackers?

            [–]phaedrus1313[S] 5 points6 points  (1 child)

            LOL. I think that's a whole other crazy idea

            [–]rednax1206 1 point2 points  (0 children)

            Jurvivor

            [–]feel-the-avocado 2 points3 points  (0 children)

            Name suppression orders would be impossible to enforce.

            [–]BamBamPow2 2 points3 points  (5 children)

            Biggest problem: who's watching the jury? Courts are tightly controlled. We know if they show up. If they fall asleep. If they are paying attention. Can't do that in your suggestion.

            [–]FutureShadow 0 points1 point  (0 children)

            You ever taken a test in an online lockdown browser portal? They can tell if you’re looking at the screen or not and you are unable to open any other applications. Its not perfect but it is a good filter for 90% of those issues. A human moderator in addition could probably tale care of nearly all.

            [–]phaedrus1313[S] -5 points-4 points  (3 children)

            Good news - it doesn't matter in my suggestion! Large numbers are amazing.

            [–]BrownBoognish 0 points1 point  (0 children)

            wtf yes it absolutely does matter lmao

            [–]TheSJWing 0 points1 point  (1 child)

            So if you’re accused of a crime you didn’t do, and the evidence the state has isn’t actually very good, you’d be okay with not being able to tell if the jury was watching and listening?

            [–]phaedrus1313[S] 0 points1 point  (0 children)

            For sure. I'd have way more confidence in an acquittal with this system than with 12 people who could be susceptible to 1 person's strong opinion!

            [–]tomqmasters 2 points3 points  (0 children)

            Everybody would have to do jury duty hundreds of more times then. People already don't want to.

            [–]ThomasDePraetere 2 points3 points  (0 children)

            For the thousands in attendance and the millions watching at home.

            let's get ready to rumbleeeeeee

            [–]BuzzyShizzle 2 points3 points  (0 children)

            No. People are stupid. They will not pay attemtion, or perhaps not even follow the judges orders.

            It needs to be personal with professionals around them guiding the process.

            You shouldn't even trust the average person to be a fair juror.

            [–]Japjer 1 point2 points  (1 child)

            Jurors are barred from discussing proceedings until after the case is decided. This is to prevent juror tampering. How would you prevent jurors being threatened, bribed, or otherwise swayed of they are remote? Likewise, how are you preventing jurors from recording these proceedings or sharing them when they should not?

            Jurors are provided evidence for viewing. How would a remote pool be allowed to view evidence as needed?

            Jurors are required to be in the courtroom so they can observe the proceedings. How would you ensure jurors are actually paying attention and listening?

            Jurors are selected from a pool of jurors by both the defense and prosecution. This is to ensure there is as little bias as possible; for example, if a black man is on trial, a bunch of racist fucks are not an impartial jury. How are you going to ensure jurors are impartial?

            [–]phaedrus1313[S] 0 points1 point  (0 children)

            Most of these rules are necessary because jurors today are 12 people in person. Basically all of the concerns you're raising just disappear with thousands and thousands of remote jurors.

            Tampering? No one (other than the court) would know who they are!

            Evidence? Pretty sure we have the technology to show any evidence remotely pretty dang well.

            Paying attention? Discussed elsewhere in the threads.

            Bias? Discussed elsewhere - obviated by having a very large number of jurors.

            [–]angryscientistjunior 1 point2 points  (0 children)

            There will need to be a good way to verify so the jurors don't end up being a bunch of ai bots! 

            [–]peter303_ 1 point2 points  (0 children)

            Ancient Athen juries were in the hundreds, with 500 typical. I'd presume the various speakers could only project their voices to so many people.

            They didnt deliberate, but voted by secret ballet. Simple majority wins.

            [–]jfk_47 1 point2 points  (0 children)

            Increase the sample size enough and you’ll get 50/50 every time.

            [–]ThoughtPhysical7457 1 point2 points  (0 children)

            This sounds like a Black Mirror episode synopsis.

            A small group, in person, helps hold people accountable. We see you, sitting right there, making the call.

            Hundreds/ thousands of people remotely CANNOT be trusted.

            Also the more tech you add into a process, the easier it is to game the system. Look at how many people act tough and say the most unhinged things on the net, because their parents, spouses and bosses will never know. It would take no time for people to learn how to game the technical aspects of remote jury duty.

            [–]jcalvinmarks 1 point2 points  (0 children)

            So, Trial by American Idol?

            Hard pass.

            [–]HawksRule20 1 point2 points  (1 child)

            Crazier idea, have 1 person decide

            [–]phaedrus1313[S] 0 points1 point  (0 children)

            C.f. Isaac Asimov's "Franchise". Good idea!

            [–]Avoider5 2 points3 points  (1 child)

            Would essentially eliminate jury tampering.

            [–]BrownBoognish 0 points1 point  (0 children)

            no it would not. jurors are at their home freely discussing and researching the case they are deciding. reading articles and opinion pieces on the case and being influenced by comments from the general public. shit at the size op is suggesting literal propaganda farms would be committing jury tampering en masse. it would be a jury tampering bonanza.

            [–]breaststroker42 1 point2 points  (0 children)

            i don’t think you’re supposed to post good ideas in this sub.

            [–][deleted] 1 point2 points  (1 child)

            I’ve see your post history and I wouldn’t want you on a jury of any design

            [–]phaedrus1313[S] 0 points1 point  (0 children)

            Lol I barely have a post history. Oh no, I have an EV and play fantasy football!

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              [–]WetwareDulachan 0 points1 point  (0 children)

              This is one of those ideas that will only ever be suggested by a man, and every woman who reads it knows exactly why.

              [–]LordMoose99 0 points1 point  (0 children)

              So the issue is that if you make it a high threshold to convict with so many people your going to

              1) Have people so biased and so uninterested they will try to screw with the process
              2) Have it where only a few people get to control deliberation commentary and so your still subject to the whims of a few people
              3) Have people who will just not pay attention as there at home/remote and can do other stuff
              4) Be much more disruptive to normal life as so many more people will be involved (I have been selected ONCE for jury in 7 years of being an adult, increasing it by a thousand fold likely would mean a lot more people being involved)
              5) Run into privacy issues
              6) Likely lead to people who would other wise have been convicted getting let go due to now the unreasonably high bar you need to get a conviction for.

              Overall 12 people is a large enough group to not run into most of these issues, put undue burdens onto people for attending, and which you can still have input without being drowned out.

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                [–]OUsnr7 0 points1 point  (0 children)

                Yeah I definitely want my life to be in the hands of some guy in his underwear cooking dinner that can only hear every other word because he’s stealing his neighbors WiFi. This is brilliant and could never go wrong.

                And so we’re going to have like 2% of our population on jury duty at given point?

                [–]Dextrofunk 0 points1 point  (0 children)

                I'm not against it. There are a ton of innocent people in prison right now, as well as guilty people who got off scott-free. There are many flaws in our justice system, and this is one of them. An innocent person can just get unlucky with a bad lawyer while the prosecution is on their game. 12 random people isn't a huge amount for a savvy lawyer to convince.

                [–]doc_skinner 0 points1 point  (0 children)

                How do they deliberate? Do you raise your hand and how you get called in by the foreman? Do you just shout?

                Also imagine the technical disruptions. "I am not a cat."

                [–]New-Smoke208 0 points1 point  (0 children)

                Too many dummies would be googling and doing their own “research.” It’d cause an endless stream of mistrials

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                  [–]ImOutOfControl 0 points1 point  (0 children)

                  No one would pay attention. Many cases and jury proceedings are very uninteresting and can be repetitive to try and explain and show why certain laws were broken or why someone is beyond a shadow of a doubt guilty.

                  It’s not fair to the people on trial to not have a jurors full attention. If you don’t want them physically in the courthouse but had them in a remote monitored room maybe but not just remote

                  [–]_u_deleted_ 0 points1 point  (0 children)

                  one of the most popular posts and this sub!!

                  [–]OhMyGentileJesus 0 points1 point  (0 children)

                  How do we get all of those people to discuss the facts and agree unanimously on a verdict?

                  How do you gather questions for the judge? Do you limit the amount of questions?

                  There couldn't be just one foreperson for thousands. How could they possibly keep order in jury deliberations?

                  [–]GoodGuyGrevious 0 points1 point  (0 children)

                  When was the last time 85% of americans agreed on anything?

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                    [–]DreadLindwyrm 0 points1 point  (0 children)

                    It would still be equally disruptive.
                    If selected you still have to take time of off work, arrange child care/elder care, and so on.
                    You still have to be paying attention to the case all the time, and can't really do anything else.

                    And because of the larger jury pools you suggest you'd have to do jury duty more often, so it'd be *more* disruptive.

                    It also becomes harder to request access to evidence/testimony to be reviewed if there are "thousands" of people on a jury, and discussing the case in the deliberation phase - and ensuring the jurors aren't looking up information independently of the evidence presented in the trial - is essentially impossible, unlike with a small, sequestered jury. So is making sure they aren't talking to non-jurors and soliciting their opinions or being swayed by media (whether official or social) about the case.
                    It's also much easier for 12 people to determine they're deadlocked, and to return that verdict to the court than it is for a group of thousands.

                    [–]Ateist 0 points1 point  (0 children)

                    12 people being small enough is not a bug but a feature.

                    Populaces have all sorts of biases being built in - biases shared by very large groups of people, so they don't disappear if you expand the jury.

                    [–]Mudlark_2910 0 points1 point  (0 children)

                    Watching remotely would also allow for a time delay. Many TV legal dramas would be immensely shorter if they could literally edit out the "the jury will disregard that statement" bits (I'm looking at you, Bull)

                    [–]ifunnywasaninsidejob 0 points1 point  (0 children)

                    I feel like the biggest problem with this is that each juror would feel less responsibility. Theyd be less inclined to listen to the facts and more likely to make a snap decision based on how the defendant looks or whatever.

                    [–]MoutainGem 0 points1 point  (1 child)

                    No man . . . don't you remember the voting on American idol and how BAD it got?

                    [–]BrownBoognish 0 points1 point  (0 children)

                    thousands of people watching remotely— googling the facts of the case on their own out of boredom during the trial and being compromised by media accounts? nah im good.

                    [–]synecdokidoki 0 points1 point  (0 children)

                    "A tiny number of people can easily end up unanimous just because of 1 or 2 highly influential and personable people on the jury"

                    You seem to be under the impression that the twelve people are just a random sample. They are not. If they were, yeah, making that sample really big would seem to solve a problem.

                    The jury is selected from a much larger pool, in an adversarial system. So the defense and the prosecution both have a hand in building that group.

                    This "dilutes the risk of influence to juries" just as well, but also makes it realistic for them to deliberate, to be sure they understand instructions, and to avoid well, everyone having jury duty all the time.

                    It being less disruptive doesn't sound like a benefit. A twelve member jury who you know, to some degree at least, isn't out in public discussing the trial, sounds way better to me than a two thousand person jury who is doing whatever they want.

                    I mean with that thousand person jury, why have the trial at all? Might as well just let them decide from whatever Facebook told them. Dystopian.

                    [–]GeorgeRRHodor 0 points1 point  (0 children)

                    How do you make sure people actually pay attention instead of watching YouTube or playing with the dog? Most cases are fucking boring as hell, but defendants still deserve a fair trial.

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                      [–]rui278 0 points1 point  (0 children)

                      Even crazier - let's not have juries and just have the judge decide?

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                        [–]StalinTheHedgehog 0 points1 point  (0 children)

                        I do kinda agree that jurors shouldn't be in a room talking to each other.

                        [–]AnonymousUser124c41 0 points1 point  (0 children)

                        I like this idea. Some things may have to be worked out, but it’s a good start

                        [–]Mat_At_Home 0 points1 point  (0 children)

                        “Large numbers also dilute risk of influence to juries”

                        DOUBT

                        [–]Miserable_Smoke 0 points1 point  (0 children)

                        So basically organized mob rule? If there's one thing I learned in high school, it's that one can definitely be in a room full of 39 other people, and all of them are wrong.

                        [–]reverandglass -1 points0 points  (0 children)

                        To make it truly American, there should be 911 jurers on the PANEL: People Adjudicating Not Exonerated Law-breakers.