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- Title
Waiving Jury Deliberation: The Humility Argument.
- Authors
Poama, Andrei
- Abstract
This article argues that, given the current pervasive uncertainty about the reliability of jury deliberation, we ought to treat it with epistemic humility. I further argue that epistemic humility should be expressed and enforced by turning jury deliberation from a mandatory rule of the jury trial to a waivable right of the defendant. I consider two main objections to my argument: the first one concerns the putative self-defeatingness of humility attitudes; the second objection points to the burdensomeness of granting an unconditional jury deliberation waiver to the defendant.
- Subjects
RIGHT to trial by jury; DELIBERATION; JURY; ARGUMENT; HUMILITY
- Publication
Social Theory & Practice, 2020, Vol 46, Issue 1, p181
- ISSN
0037-802X
- Publication type
Article
- DOI
10.5840/soctheorpract202022083