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Civil Litigation,
Law Practice

Nov. 17, 2012

Six happy jurors, pt. 2

Are 12 jurors really necessary? Explore the possibility of reducing the size of civil and misdemeanor juries in California.

Kirk H. Nakamura

Judge (ret.), JAMS

Duke University School of Law, 1980

Judge Nakamura is chair of the ADR/Mediation Committee, and a member of both the Grand Jury Selection Committee and the Jury Orientation Committee.

Is a 12-Person Jury an Anachronism?

The Supreme Court decisions in Williams and Colgrove spurred a plethora of research and articles protesting smaller juries. (Williams v. Florida, 399 U.S. 78, 103 (1970); Colgrove v. Battin, 413 U.S. 149, 158 (1973).) The decisions have been criticized for their reliance on six "flawed" experiments to determine that there were no significant differences between six and 12-person juries. American College of ...

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