“A people’s grand jury” – a possible model for the application of sortition

Posted on January 9, 2015 by Yoram Gat

Glen Ford writes in Black Agenda Report:

A Black People’s Grand Jury in St. Louis, Missouri, this weekend delivered a “true bill of indictment” for first degree murder against former Ferguson police officer Darren Wilson in the death of Black teenager Michael Brown. Black people “can and must take matters into our own hands,” said Omali Yeshitela, one of four prosecutors that presented evidence[.]

The 12 jurors, all of them from greater St. Louis, spent January 3rd and 4th reviewing some of the same evidence presented by county prosecutor Bob McCulloch to the mostly white grand jury that failed to indict Wilson, in November.

Continue reading →

Filed under: Applications, Juries, Proposals | 16 Comments »

What is a Grand Jury and why is it so controversial?

Posted on December 6, 2014 by Conall Boyle

It would be very disappointing to find that the jury principal was fatally flawed, not the sure defence of the rights of the individual against the over-mighty power of the State that we have always believed.

A Grand Jury seems (for us) a superb idea. Following a significant and contested incident a random selection of 23 (?) citizens is summoned to hear the evidence, debate it and decide on a course of action. Rather than stilling protest, in the US the Grand Jury seems to foment it.

So could I ask our US contributors to explain (and I apologise for using this forum for FAQs).

Is a Grand Jury (GJ) as I’ve described it above?

What is wrong with the process that makes its verdicts so un-acceptable?

Filed under: Juries | 15 Comments »

Jurriaan Kamp: Juries can save America’s eroding democracy

Posted on November 8, 2014 by Yoram Gat

Jurriaan Kamp writes in the Huffington Post:

America proudly sees herself as the leader of the democratic world. Democracy is on the rise around the globe. Forty years ago, think tank Freedom House published its first annual report ranking the world based on democratic freedoms. A mere 40 countries had free elections. Back then, Spain and Portugal were military dictatorships. Today, Freedom House counts 87 nations as “free countries,” a doubling in less than four decades. An additional 60 countries are “partly free,” leaving 48 countries still labeled “not free.”

Good news. However over the same forty years America’s own democracy has been eroded. First politics became a terrible money game with candidates having to spend ridiculous amounts of money to get elected based on sound bite simplifications of all important issues. And ultimately that money game has ended in a stalemate on Capitol Hill where two parties now only agree on one strict rule: If they want “yes” we will certainly and clearly say “no” — no matter the arguments.

Somewhere at the core of the idea of democracy is the notion that the people — or their representatives — get together for a dialogue out of which insight and vision may emerge. Continue reading →

Filed under: Juries, Opinion polling, Participation, Press, Sortition | Tagged: , | 2 Comments »

Nick Clegg calls for sortition-based constitutional convention

Posted on September 22, 2014 by keithsutherland

Writing in the Sunday Times in the aftermath of the Scottish Referendum, deputy prime minister Nick Clegg proposes a citizen-jury based constitutional convention:

I welcome Labour’s decision to embrace the long-standing Liberal Democrat call for a constitutional convention — but it needs a precise mandate, beginning next year and concluding in 2017. It should have a citizen’s jury at its heart, representing every corner of the UK. One area it will need to address is the future of the House of Lords, which, in my view, would better serve people as an elected second chamber, in keeping with federal systems across the world. Ultimately, however, it will not be up to politicians — this process will be led by the people.

It’s often puzzled me that politicians are eager to use sortition as a way to determine complex constitutional issues, but we can’t be trusted to make everyday political decisions (the price of bread, tax rates, invading foreign countries, gay marriage etc). Clegg’s proposal also appears to confuse the notion of a jury (which determines the outcome of a debate) and political leadership — “this process will be led by the people” — reminding one of Ledru-Rollin’s epithet: “there go the people, I must follow them for I am their leader”. We won’t make any progress until the conceptual and practical distinction between these two aspects of politics (leadership and decision-making) is respected. In a democracy, political leaders can propose and advise but they should not determine the outcome — the decision should be in the hands of a statistically-representative microcosm of the citizen body. The problem in this particular instance, of course, is that English citizens would outnumber those of the other nations of the UK by an order of magnitude and the English would be unlikely to accept numerical parity between the nations (i.e. 1/4 of the composition of the citizen jury). So sortition, in this case, would only make the problem worse.

Filed under: Elections, Juries, Press, Proposals, Sortition | Tagged: , , | 9 Comments »

Sortition insured a fair jury for indictment of Texas governor

Posted on September 15, 2014 by Common Lot Sortitionist

A story in the New York Times:

With Governor’s Indictment, Scrutiny of Grand Jury System

AUSTIN — The indictment of Gov. Rick Perry by a Travis County grand jury has put the spotlight on the state’s quirky system that gives judges a choice in how to seat a grand jury.

Mr. Perry’s charges for overstepping his authority as governor came from a type of grand jury that is not the norm in Austin’s criminal courts: one whose members were chosen at random.

Austin courts, like those in many of Texas’ larger cities, typically rely on a so-called “key man” selection process, where judges choose a commissioner responsible for recruiting a panel of grand jurors. The practice was not used to seat Mr. Perry’s grand jury because the judge overseeing the case comes from San Antonio, where random selection is preferred.

Filed under: Juries, Press | Leave a comment »

A Citizen Jury in Action: Report from Morris Rural Climate Dialog

Posted on July 19, 2014 by Ahmed R. Teleb

Speaking of Citizen Juries, I’ve wanted to share something about this “Rural Climate Dialogue” since I attended as an observer last month in a small town in the Minnesota prairie. Below are excerpts from the participants. The the full report includes a statement to the public drafted entirely by the 15 randomly selected participants and an explanation of the CJ process as facilitated by the Jefferson Center.

Personally, I was quite impressed by what these regular people–the youngest a high school teenager, the eldest in her 80s–were able to do. They actually listened, engaged each other, and decided together. Unanimity was not required but almost always reached. Even their writing-in-committee was well done.

I was very impressed with this group’s ability to come together as community members, as neighbors, and talk about these things in an open, civil, and friendly manner.

I have to admit when I came here when people talked about climate [change] I thought ‘oh come on’ – did I ever learn a lot. I am grateful.

I think I’ll be a little bit more active and learn a little bit more in the future as a result of that. The overall experience was wonderful and the people were great.

We are the ones responsible for making these decisions…I’m thrilled and honored to be a part of a process that reminds me why this grand [democratic] experiment continues. And it’s not been perfect, and it will not be perfect, but we can always make it better, and things like this are a start. Thank you for the opportunity.

Filed under: Action, education, Experiments, Juries, Participation, Sortition | Tagged: , , , | 9 Comments »

Michael Schulson: How to choose?

Posted on July 15, 2014 by peterstone

A few weeks back, I was interviewed for an article in Aeon Magazine. That article, entitled “How to Choose? When Your Reasons Are Worse than Useless, Sometimes the Most Rational Choice Is a Random Stab in the Dark,” has now appeared online.

Some interesting sources cited in it (and not just my book…).

Filed under: Applications, Distribution by lot, education, Juries, Press, schools, Sortition | 1 Comment »

On trial: How juries reach their verdicts

Posted on July 7, 2014 by keithsutherland

The Sunday Times:


The film Twelve Angry Men depicts jurors changing their mind during deliberation (Kobal Collection)

A UNIQUE judicial experiment in which 12 separate juries watched the same trial and came up with different verdicts has led to new calls for an investigation of the jury system.

In the mock trial Alan Johnson, the former Labour home secretary, played the role of an armed robber who stole £68,000 from a betting shop after threatening the staff with a shotgun. Vincent Regan, a film actor, played the role of a firearms expert.

The judge Michael Mettyear, the recorder of Hull and East Riding, who sits on the sentencing guidelines panel, came up with the idea for the experiment and real barristers presented the case. The juries were each put together by the 12 foremen, who were invited to take part by the judge.

“I thought it would be interesting to see if a number of juries listening to the same facts and evidence would come to different conclusions,” Mettyear said.
Continue reading →

Filed under: Juries, Press | 6 Comments »

The Vergne lotteries literature database

Posted on July 1, 2014 by Yoram Gat

Antoine Vergne has shared his database of lotteries related literature. The database currently contain 365 items touching on a variety of topics related to distribution-by-lot and sortition, covering theory, practice, history and advocacy, and ranging in time from antiquity to the present.

For those who are interested to access the list, it is available in bibliographical format and as a report.

The database is managed as a Zotero library. Readers who wish to help manage and extend the database are invited to leave contact information below or to email me (the address is here).

Filed under: Academia, Books, Distribution by lot, History, Juries, meta, Press, Proposals, Sortition | Tagged: | 5 Comments »

Benet Brandreth proposes selecting the legislature by lot

Posted on April 24, 2014 by Yoram Gat

In a 13 minute speech on BBC Channel 4 radio,

Benet Brandreth argues that our current political discourse is bankrupt, so he proposes a novel solution: a legislature by lot.

Below is my summarized transcript of Brandreth’s talk:

  1. Important things are difficult to understand. They can’t be debated using Facebook comments. They require thought, consideration, research.
  2. Political rhetoric is no longer about persuasion or debate of the issues but cheerleading. This is a symptom and a cause of a fundamental failing of our system of democracy.
  3. The politician doesn’t wish to persuade people but to say something that is pleasing.

    4. Continue reading →

Filed under: Elections, Juries, Press, Sortition | 29 Comments »

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