Comparative Jury Procedures: What a Small Island Nation Teaches the United States About Jury Reform
35 Pages Posted: 27 Feb 2015 Last revised: 20 Nov 2015
Date Written: February 25, 2015
The literature considering various possible procedural reforms to United States jury trial practice suffers from a high dose of American Exceptionalism. The experience of other nations rarely is acknowledged, much less considered as possibly informative. This Article argues that as a British-derived system of roughly identical vintage as the United States, the jury practices of Malta can inform American practice in three respects: (1) the desirability of increased juror interaction – in particular allowing oral juror questions to witnesses and allowing deliberation during the trial, (2) the utility of eliminating voir dire in jury selection, and (3) the possibility of procedural reform such as modifying the verdict form to insulate jurors from external pressures on the verdict.
Keywords: comparative law, jury reform, jury procedures, jury selection, juror questions, voir dire
JEL Classification: K10, K14, K33, K40, K41
Suggested Citation: Suggested Citation