The Donation Paradox for Peremptory Challenges

Theory and Decision 47 (2):139-155 (1999)
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Abstract

A donation paradox occurs when a player gives an apparently valuable prerogative to another player, but ‘does better’, according to some criterion. Peremptory challenges, used in choosing a American jury, permit each side to veto a certain number of potential jurors. With even a very simple model of jury selection, it is shown that for one side to give a peremptory challenge to the other side may lead to a more favorable jury, an instance of the donation paradox. Both a theorem and examples are given concerning the existence of the donation paradox in the optimal use of peremptory challenges

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