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The Imagined Juror - How Hypothetical Juries Influence Federal Prosecutors (Hardcover)
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The Imagined Juror - How Hypothetical Juries Influence Federal Prosecutors (Hardcover)
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Examines the outsized influence of jurors on prosecutorial
discretion Thanks to television and popular media, the jury is
deeply embedded in the American public's imagination of the legal
system. For the country's federal prosecutors, however, jurors have
become an increasingly rare sight. Today, in fact, less than 2% of
their cases will proceed to an actual jury trial. And yet, when
federal prosecutors describe their jobs and what the profession
means to them, the jury is a central theme. Anna Offit's The
Imagined Juror examines the counterintuitive importance of jurors
in federal prosecutors' work at a moment when jury trials are
statistically in decline. Drawing on extensive field research among
federal prosecutors, the book represents "the first ethnographic
study of US attorneys," according to legal scholar Annelise Riles.
It describes a world of legal practice in which jurors are
frequently summoned-as make-believe audiences for proposed
arguments, hypothetical evaluators of evidence, and invented
decision-makers who would work together to reach a verdict. Even
the question of moving forward with a prosecution often hinges on
how federal prosecutors assume a jury will react to elements of the
case-an exercise where the perspectives of the public are imagined
and incorporated into every stage of trial preparation. Based on
these findings, Offit argues that the decreasing number of jury
trials at the federal level has not eliminated the influence of the
jury but altered it. As imaginary figures, jurors continue to play
an important and understudied role in shaping the work and
professional identities of federal prosecutors. At the same time,
imaginary jurors are not real jurors, and prosecutors at times
caricature the public by leaning on stereotypes or preconceived and
simplistic ideas about how laypeople think. Imagined jurors, it
turns out, are a critical, if flawed, resource for introducing lay
perspective into the legal process. As Offit shows, recentering
laypeople and achieving the democratic promise of our legal system
will require renewed commitment to the jury trial and juries that
reflect the diversity of the American public.
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