By Richard Lorren Jolly.
The United States is in a period of partisan hyperpolarization with severe and far-reaching implications for the administration of justice. Specifically, Americans are suspicious that jurors are not basing their verdicts on sound application of fact and law informed by their unique worldviews, but instead on jurors’ commitment to advancing partisan causes and punishing partisan others. This legitimate concern of Red Juries and Blue Juries undermining judicial impartiality must be taken seriously, and fresh approaches should be considered, if courts are to ensure their own procedural and substantive legitimacy. Full Article.