About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

14 Wm. & Mary L. Rev. 326 (1972-1973)
Statistical Studies of the Costs of Six-Man Versus Twelve-Man Juries

handle is hein.journals/wmlr14 and id is 336 raw text is: STATISTICAL STUDIES OF THE COSTS OF SIX-MAN
VERSUS TWELVE-MAN JURIES
WILL M R. PABST, JR.*
During the past year, the six-man jury has replaced the traditional
twelve-man jury in civil trials in the Umted States district courts as a
result of the Supreme Court's landmark decision in Williams v. Florida.'
This Article analyzes the savings in jury time (and costs) occasioned
by tus change. Although reducing jury size from 12 to six results in a
direct saving in the total juror man-hours required to conduct a trial,
it does not result in a corresponding saving in the time required to
empanel and select a jury because of the heavy overhead time involved
in jury selection. Thus, the change does not result in a saving in total
trial time.
Many statistical studies are concerned with other aspects of the re-
duction in jury size. For example, by using traditional binomial sam-
pling theory, David Walbert has concluded that the probability of
conviction with the six-man jury may be higher for weak cases than
for strong cases. Herbert Friedman8 also used sampling operating
characteristic curves to show the effects which may result from a reduc-
non in jury size as well as from the lessening of the unanmilty require-
ment. Moreover, in bitterly opposing the reduction, Hans Zeisel4 has
noted critically the probability that fewer minority groups will be
included on the six-man jury. All these studies assume the inevitability
of both monetary and manpower savings as a result of the smaller jury;
such an assumption, particularly with respect to manpower savings, is
confirmed by the following statistics.
Studies have been made of the Uited States District Court for the
* AJ3. Amherst College; Ph.D., Columbia Umversity Special economic and statistical
consultant, Washington, D.C. Formerly instructor in economics, Cornell Umversity,
Amherst College, and Tulane Umversity.
1. 399 U.S. 58 (1970).
2. Walbert, The Effect of Jury Size on the Probability of Convictuon: an Evaluation
of Williams v. Florida, 22 CAsE W REs. L. REv. 529 (1971).
S. Friedman, Trial by Jury: Criteria for Convictions, Jury Size and Type I and Type
If Errors, 26 Am . STATISTICIAN (April 1972).
4. Zeisel, The Waning of the American Jury, 58 A..A.J. 367 (1972).
[ 326 ]

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most