Abstract
Most United States courts require the jury to elect their own foreperson, a role that has amplified influence on the jury’s verdict. In practice, the election process is done quickly and without discussion. As a result, the foreperson is demographically biased toward older men of high socioeconomic status. This paper uses psychological literature to argue that the current selection system produces suboptimal forepersons. Instead, it proposes a system of random selection, including an opt-out procedure for those who do not feel capable of holding the position.
Recommended Citation
CJ Miller,
Yet Another Elected Power: A Case for Randomly Selected Forepersons,
115
J. Crim. L. & Criminology
245
(2025).
https://scholarlycommons.law.northwestern.edu/jclc/vol115/iss1/5