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Should juries deliberate?

Social Epistemology 31 (4):368-386 (2017)

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  1. Just Judge: The Jury on Trial.Joe Slater - 2023 - American Philosophical Quarterly 60 (2):169-186.
    Content note: This paper discusses rape throughout.Abstract. In this paper, I consider arguments in favor of jury trials. While I find these generally persuasive, I argue that there can be cases where juries are not fit for purpose. In those cases, I argue that they should be replaced by judge-only trials. In doing so, I propose a framework for determining whether a type of case is unsuitable for jury trials. Partly in response to low conviction rates, there have been recent (...)
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  • The Interested Expert Problem and the Epistemology of Juries.Alexander Guerrero - 2021 - Episteme 18 (3):428-452.
    The existence of experts raises a host of interesting questions in social, legal, and political epistemology. This article introduces and discusses interested experts – people who are experts on some topic, but who also have a distinct set of values and preferences regarding that topic, so that they are not well-described as “disinterested” parties. Interested experts raise several distinct problems in social, legal, and political epistemology. Some general questions arise: can we rationally or justifiably form beliefs relying on interested expert (...)
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  • Optimizing Individual and Collective Reliability: A Puzzle.Marc-Kevin Daoust - 2022 - Social Epistemology 36 (4):516-531.
    Many epistemologists have argued that there is some degree of independence between individual and collective reliability (e.g., Kitcher 1990; Mayo-Wilson, Zollman, and Danks 2011; Dunn 2018). The question, then, is: To what extent are the two independent of each other? And in which contexts do they come apart? In this paper, I present a new case confirming the independence between individual and collective reliability optimization. I argue that, in voting groups, optimizing individual reliability can conflict with optimizing collective reliability. This (...)
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  • Mock Juries, Real Trials: How to Solve (some) Problems with Jury Science.Lewis Ross - forthcoming - Journal of Law and Society.
    Jury science is fraught with difficulty. Since legal and institutional hurdles render it all but impossible to study live criminal jury deliberation, researchers make use of various indirect methods to evaluate jury performance. But each of these methods are open to methodological criticism and, strikingly, some of the highest-profile jury research programmes in recent years have reached opposing conclusions. Uncertainty about jury performance is an obstacle for legal reform—ongoing debates about the ‘justice gap’ for complainants of sexual offences has rendered (...)
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  • What's Wrong with Partisan Deference?Elise Woodard - forthcoming - In Worsnip Alex (ed.), Oxford Studies in Epistemology, Vol. 8. Oxford: Oxford University Press.
    Deference in politics is often necessary. To answer questions like, “Should the government increase the federal minimum wage?” and “Should the state introduce a vaccine mandate?”, we need to know relevant scientific and economic facts, make complex value judgments, and answer questions about incentives and implementation. Lay citizens typically lack the time, resources, and competence to answer these questions on their own. Hence, they must defer to others. But to whom should they defer? A common answer is that they should—or (...)
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  • Can Real Social Epistemic Networks Deliver the Wisdom of Crowds?Emily Sullivan, Max Sondag, Ignaz Rutter, Wouter Meulemans, Scott Cunningham, Bettina Speckmann & Mark Alfano - forthcoming - In Tania Lombrozo, Joshua Knobe & Shaun Nichols (eds.), Oxford Studies in Experimental Philosophy, Volume 1. Oxford: Oxford University Press.
    In this paper, we explain and showcase the promising methodology of testimonial network analysis and visualization for experimental epistemology, arguing that it can be used to gain insights and answer philosophical questions in social epistemology. Our use case is the epistemic community that discusses vaccine safety primarily in English on Twitter. In two studies, we show, using both statistical analysis and exploratory data visualization, that there is almost no neutral or ambivalent discussion of vaccine safety on Twitter. Roughly half the (...)
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