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14 Wm. & Mary L. Rev. 326 (1972-1973)
Statistical Studies of the Costs of Six-Man Versus Twelve-Man Juries

handle is hein.journals/wmlr14 and id is 336 raw text is: STATISTICAL STUDIES OF THE COSTS OF SIX-MAN VERSUS TWELVE-MAN JURIES WILL M R. PABST, JR.* During the past year, the six-man jury has replaced the traditional twelve-man jury in civil trials in the Umted States district courts as a result of the Supreme Court's landmark decision in Williams v. Florida.' This Article analyzes the savings in jury time (and costs) occasioned by tus change. Although reducing jury size from 12 to six results in a direct saving in the total juror man-hours required to conduct a trial, it does not result in a corresponding saving in the time required to empanel and select a jury because of the heavy overhead time involved in jury selection. Thus, the change does not result in a saving in total trial time. Many statistical studies are concerned with other aspects of the re- duction in jury size. For example, by using traditional binomial sam- pling theory, David Walbert has concluded that the probability of conviction with the six-man jury may be higher for weak cases than for strong cases. Herbert Friedman8 also used sampling operating characteristic curves to show the effects which may result from a reduc- non in jury size as well as from the lessening of the unanmilty require- ment. Moreover, in bitterly opposing the reduction, Hans Zeisel4 has noted critically the probability that fewer minority groups will be included on the six-man jury. All these studies assume the inevitability of both monetary and manpower savings as a result of the smaller jury; such an assumption, particularly with respect to manpower savings, is confirmed by the following statistics. Studies have been made of the Uited States District Court for the * AJ3. Amherst College; Ph.D., Columbia Umversity Special economic and statistical consultant, Washington, D.C. Formerly instructor in economics, Cornell Umversity, Amherst College, and Tulane Umversity. 1. 399 U.S. 58 (1970). 2. Walbert, The Effect of Jury Size on the Probability of Convictuon: an Evaluation of Williams v. Florida, 22 CAsE W REs. L. REv. 529 (1971). S. Friedman, Trial by Jury: Criteria for Convictions, Jury Size and Type I and Type If Errors, 26 Am . STATISTICIAN (April 1972). 4. Zeisel, The Waning of the American Jury, 58 A..A.J. 367 (1972). [ 326 ]