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YET ANOTHER ELECTED POWER: A CASE FOR RANDOMLY SELECTED FOREPERSONS
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Journal Article
YET ANOTHER ELECTED POWER: A CASE FOR RANDOMLY SELECTED FOREPERSONS
2025
Overview
Most United States courts require the jury to elect their own foreperson, a role that has amplified influence on the jury's verdict. In practice, the election process is done quickly and without discussion. As a result, the foreperson is demographically biased toward older men of high socioeconomic status. This paper uses psychological literature to argue that the current selection system produces suboptimal forepersons. Instead, it proposes a system of random selection, including an opt-out procedure for those who do not feel capable of holding the position.
Publisher
Northwestern University, School of Law
