Revisiting the Unanimity Requirement: The Behavior of the Non-Unanimous Civil Jury
Shari Seidman Diamond
Northwestern University, School of Law & American Bar Foundation
Mary R. Rose
University of Texas at Austin - Department of Sociology
American Bar Foundation
December 19, 2012
Northwestern University Law Review, Forthcoming
Legal scholarship in the 21st century reflects a growing interest in behavioral research on law and legal institutions. In this Essay, we turn to behavioral research on the jury and use a unique set of real jury deliberations to raise serious questions about the trend toward dispensing with the unanimity requirement in civil jury trials.
Number of Pages in PDF File: 43Accepted Paper Series
Date posted: October 26, 2005 ; Last revised: December 20, 2012
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