Sortition insured a fair jury for indictment of Texas governor

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.

Impact of money raising considerations on campaign rhetoric

The virtue-based justification of electoralism implies an indirect connection between public opinion and policy. According to this justification, the public identifies people it trusts and puts them in office. Those people then determine policy as they see fit. According to this theory, then, the connection between policy and popular opinion is mediated by character judgments.

The rewards-based justification, on the other hand, implies a direct connection: elected officials wish to please the public in order to be re-elected and thus pursue policy that matches public opinion (in the sense that if they pursue policy X, then there exists no alternative policy which would win higher approval ratings).

The rewards-based theory suffers from two fundamental defects:

  1. It ignores the epistemic difficulties facing voters. In reality voters’ ability to determine the effects of government policy is very limited. They are therefore unable to tell whether government policy matches their world view and promotes their interests.
  2. It assumes that politicians lack policy preferences of their own. The theory assumes that politicians want to be elected simply and solely for pleasure of being in office rather than to promote any specific policy.

Those defects indicate why the rewards-based theory cannot be expected to explain policy setting by elected government. However, those defects do not apply to the rewards-based theory in the limited context of campaign rhetoric. Continue reading

Allocating speaking spots on mass media

FAIR’s survey of cable news discussion programs reveals predictable demographic biases:

A survey of major cable news discussion programs shows a stunning lack of diversity among the guests.

FAIR surveyed five weeks of broadcasts of the interview/discussion segments on several leading one-hour cable shows: CNN’s Anderson Cooper 360° and OutFront With Erin Burnett, All In With Chris Hayes and the Rachel Maddow Show on MSNBC, and Fox News Channel’s O’Reilly Factor and Hannity.

[…]

Male guests widely outnumbered women on every show (730 to 285), making up 72 percent of the guest lists. Just 5 percent (46) of cable news guests were women of color. […] Women of color (about 18 percent of the US public) were strikingly underrepresented on most shows […] Non-Latino white men, on the other hand, were overrepresented on every show.

But, of course, the bias is not only gender- and race-based:

The largest category of guests were other members of the media: 55 percent of the guests were either journalists (400) or pundits (159). Current and former government officials were the next largest category, accounting for almost 10 percent of guests (107). There were 37 military guests (current and former), 35 representatives of think tanks and 32 academics. Other prominent guest categories were lawyers (21) and business representatives (17).

Such biases give certain groups in the population disproportional voice in politics, meaning they are undemocratic. The way to achieve proper representation is to allot speaking spots on mass media, giving each person the same chance of getting their worldview represented.

The Median Voter Rules — OK?

Cabinet reshuffle montage: ministers in Downing Street
David Cameron used his reshuffle to promote a number of women – and to sack Michael Gove

Francis Elliott, Michael Savage and Laura Pitel, The Times, July 16 2014:

Michael Gove was removed as education secretary after David Cameron’s election guru warned about his “toxic” polling. Mr Gove paid the price as the prime minister reshaped his cabinet into an election-fighting unit, more than doubling the number of women in a top team that he claimed “reflects modern Britain”. . . [P]olling showing that more than half of voters thought the education secretary was doing a bad job fatally undermined him. Insiders say that Lynton Crosby, the Tories’ election strategist, led a powerful coalition inside No 10 calling for Mr Gove to be removed.

Michael Gove was the architect of the government’s ‘free schools’ policy, which was intended to encourage state-maintained schools to aspire to the values and achievements of independent (fee-paying) schools. This was certainly not a policy designed to appeal to the ‘rich and powerful’ (who can afford the fees of independent schools) as it increases the competition for places in top universities. The toppling of Gove is, ironically, a victory for the rich and powerful, but it was instituted by the need to pander to the preferences of the median voter. The commitment of the government to free schools was ideological, as opposed to reflecting the interests of the ruling elite, and the overturning of it was in response to the perceived [i.e. short-term] interests of the median voter. The main reason that Gove appeared unpopular with parents in Crosby’s focus groups, was his insistence on rigorous examination standards and the attempt to return to a traditional (ie academically challenging) core curriculum. David Cameron and the vast majority of the cabinet supported Gove’s strategy but he was sacrificed for purely electoral purposes (another factor being the need to reduce the alienation of teachers and other public-sector workers).
Continue reading

Michael Schulson: How to choose?

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…).

On trial: How juries reach their verdicts

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

Donald McCabe: Choose House by Lot

An item from the Vergne bibliography:

Choose House by Lot

Published by The New York Times: March 15, 1991

To the Editor:

In “Expanded Congress Would Help Women” (letter, Feb. 24), Prof. Wilma Rule suggests a complicated scheme for the selection of members of the House of Representatives so that women and minorities may be fairly represented. As I understand the methods she recommends, however, there is no guarantee of any such effect. In any case, she ignores a simple means of choosing Representatives that would have the desirable results she wants, as well as others.

If members of the House were chosen by lot, instead of being elected (with still only one member for each district), the laws of statistics would assure that every part of our population would be represented very nearly proportionally. In addition, veto power over legislation would belong to a body that was not composed of professional politicians, who would have no interest in being re-elected and would therefore be subject to limited influence.
Continue reading

The Vergne lotteries literature database

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).

I pester George Monbiot once more

About a year ago I wrote to George Monbiot about sortition. At the risk of becoming a nuisance, I have just written to him again:

Again, sortition

Dear George,

Having just read your article “An Ounce of Hope is Worth a Ton of Despair”, I feel compelled to write to you again about a subject I have written to you about before: sortition.

As you may remember, sortition is the democratic alternative to elections. Instead of choosing decision makers by voting – which inevitably leads to having decisions made by members of an ambitious and well resourced elite – why not select decisions makers as a statistical sample of the population? Why not put some of those people who “consistently hold concern for others, tolerance, kindness and thinking for themselves to be more important than wealth, image and power” in a position where they can set policy instead of forcing them to choose between members of a self-serving elite?
Continue reading

School Prayer by Random Selection

Here’s a case of random selection that I don’t believe has been discussed before. An American school held prayers at its graduation ceremonies. Americans United for the Separation of Church and State objected to this, claiming that the school was endorsing a religious perspective in doing so. It appears that the school had been permitting the student who opened the ceremony to decide whether or not to open with a prayer, but since this student was selected by majority vote (in a west Texas school district), this always led to a vote for some pro-prayer Christian. (Insert remarks about the tyranny of the majority here.) So now the school district will randomly select the student to open the graduation ceremony. The student can still make a personal decision to open with a prayer if s/he wishes. Presumably, the fact that the student choice is random means that the school district cannot be accused of endorsing the religious perspective of the prayer.

ECISD Removes Official Prayer From Graduation Ceremony After Lawsuit Threat

ODESSA – The Ector County Independent School District confirmed to CBS 7 that the Invocation and Benediction will now say “opening and closing” after concerns from American United for the Separation of Church & State.

The District says that the students who lead the opening and closing ceremony will now be randomly chosen and can choose to lead those ceremonies as they wish, including adding the traditional prayers if they so choose.

“The references to Invocation and Benediction give the impression the school or the school district are endorsing religion, which is not allowed. Those references will be changed and student speakers will be randomly drawn, according to policy FNA (Local) page 3 of 4, to give the Opening and Closing remarks at graduation,” Spokesperson Mike Adkins said in a release.

The senior class will no longer vote on whether or not to have prayer during the ceremony because that vote will not be permissible.