Nouvel article d’Andrei Poama intitulé “Waiving Jury Deliberation. The Humility Argument“, paru dans Social Theory and Practice.

Résumé

This article argues that, given the current pervasive uncertainty about the reliability of jury deliberation, we ought to treat it with epistemic humility. I further argue that epistemic humility should be expressed and enforced by turning jury deliberation from a mandatory rule of the jury trial to a waivable right of the defendant. I consider two main objections to my argument: the first one concerns the putative self-defeatingness of humility attitudes; the second objection points to the burdensomeness of granting an unconditional jury deliberation waiver to the defendant.