The article was orginally submitted jointly with Dr. Jay Schulman as prepared testimony to the Senate Judiciary Subcommittee on Improvement of Judicial Machinery. The subcommittee was considering Senate Bill 2074, an omnibus bill which would have required all United States District Courts to switch from twelve to six member juries in civil cases and would have decreased the number of available peremptory challenges in civil cases from three to two. Upon completion of the hearings on this bill, these provisions were deleted from the version sent to the full Committee. It should be noted that most District Courts by local rule use six member juries in civil cases. The argument in the text suggests that the Congress might wish to forbid this pratice by statute or at least limit it to certain categories of cases.
Jury Size and the Pereumptory Challenge,
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