Why Don't Juries Try 'Range Voting'?

Criminal Law Bulletin, vol. 51, no. 3, 2015

13 Pages Posted: 4 Dec 2013 Last revised: 21 May 2016

Enrique Guerra-Pujol

University of Central Florida; Pontifical Catholic University of Puerto Rico

Date Written: December 3, 2013

Abstract

The author proposes the use of a simple "range voting" method by juries in which jurors would rate or score on a scale of zero to ten (or some other specified scale) the evidence presented by the parties at trial. The jury’s verdict would thus consist of a numerical value, either the average or the sum total of all the individual scores, which the author refers to as a "range verdict." Range voting by juries thus produces a numerical verdict, a range verdict, consisting of an average value or total sum, and a plaintiff or other moving party would prove his case as a matter of law only if the average value or sum total of the jury’s collective score exceeded some critical threshold value. In addition, the author explains how range voting solves several problems endemic to juries, including holdouts, strategic jurors, and ignorant or partially informed jurors. Lastly, the author also explains how range voting improves jury accuracy and examines the relation between his proposed model of range voting in juries and the diversity prediction theorem in mathematics or "wisdom of crowds" effect.

Keywords: jury accuracy, juries, range voting, range verdicts, probabilistic verdicts, holdouts, strategic voting, ignorance, incomplete information, diversity prediction theorem

JEL Classification: C71, K41

Suggested Citation

Guerra-Pujol, Enrique, Why Don't Juries Try 'Range Voting'? (December 3, 2013). Criminal Law Bulletin, vol. 51, no. 3, 2015. Available at SSRN: https://ssrn.com/abstract=2362908 or http://dx.doi.org/10.2139/ssrn.2362908

Enrique Guerra-Pujol (Contact Author)

University of Central Florida ( email )

Orlando, FL 32816
United States

HOME PAGE: http://www.priorprobability.com

Pontifical Catholic University of Puerto Rico ( email )

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