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
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

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