Against the Rules with Michael Lewis cover image

Against the Rules with Michael Lewis

Judging Sam: The jury's job

Nov 2, 2023
In this episode, the podcast explores the jury deliberation process and dynamics, highlighting the composition and occupations of the jury. The chapter discusses the jurors' focus on determining the defendant's intent and speculates on the length of deliberations. It also questions the reliability of interpreting jurors' facial expressions as indicators of their verdict.
20:32

Podcast summary created with Snipd AI

Quick takeaways

  • The jury's initial discussions focus on determining the truth and assessing the credibility of testimonies, rather than technical aspects of the case.
  • A hung jury, resulting in a mistrial, is the worst-case scenario for the prosecution, favoring the defendant and preventing retrial for the same offense.

Deep dives

Deliberations begin with jury electing a foreperson

During jury deliberations, the first order of business is for the jury to elect a foreperson. This person may be someone who has developed a rapport with the other jurors throughout the trial. Once settled in the deliberation room, the jurors are finally able to freely discuss the case, taking a deep breath after being prohibited from talking about it during the trial. They typically start by reading the first question on the verdict form and may immediately take a show of hands to gauge how many jurors think the defendant is guilty. These initial discussions allow the jurors to get a sense of where everyone stands and how the dynamics within the group might play out.

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