Legal Complexity as an Explanation of Disagreement Sample Clauses

Legal Complexity as an Explanation of Disagreement. The NCSC questionnaire also asked the judges to rank the complexity of the law in each case on a one to seven scale. Understandably, the NCSC did not ask the jurors to opine about the question of legal complexity. To analyze the judges’ views as they may relate to judge-jury disagreement, we again divide the sample into cases of low, medium, and high complexity. Table 6 reports the disagreement pattern separately for each of the three legal com- plexity levels. For cases ranked low in legal complexity, judges and juries agreed in 116 of 149 (78 percent) cases. At the medium level of complexity, they agreed in 85 of 111 (77 percent) of cases. In cases of high legal complexity, they agreed in 21 of 29 (72 percent) cases, a rate insignificantly different from the rate in low complexity cases (p = 0.630). Increasing legal complexity thus is also not a promising explanation of judge-jury disagreement. Table Table 6: Judge and Jury Conviction Rates, by Judges’ View of Cases’ Legal Complexity
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