ABSTRACT

This chapter begins with a review of those features that distinguish the jury from other decision-making bodies. It examines how the processes of the jury can be adapted and put to work in the revival of democratic traditions which are under threat. The jury offers a model that has proved effective in the legal context and which, with appropriate modifications, can be put to use in a social and political context. The modern jury is an independent, non-partisan institution whose membership crosses racial, religious, class, ethnic and gender lines. Jurors are selected without regard to political affiliation. The judge should openly and frankly discuss with the jurors the importance of impartiality, as well as the dangers of prejudice and the nature of justice. The chapter identifies the key features of the jury: democratic selection; political equality; impartiality; informed decision-making; an opportunity for critical reflection; a synergistic and dialectic process of deliberation; and collective accountability.