[EM] Decision juries - notes and responses
Joe Weinstein
jweins123 at hotmail.com
Thu Aug 1 15:10:13 PDT 2002
Thanks to Dave Ketchum for his comment!
Near the end of his comment, Dave notes that: even the Greeks realized that
there is no way to get the right decisions made with every citizen
responsible for every detail. This and other statements suggest that one
key point in my proposal is easy to overlook.
I have proposed that government decisions of law and policy be by randomly
chosen citizen decision juries. For instance, decisions now made by a state
legislative house - e.g. assembly - should be made by citizen juries.
I am NOT proposing a SINGLE jury to replace the entire legislative assembly
for an extended period (for instance, a year). Quite the CONTRARY.
I AM proposing that EACH SINGLE DECISION or SMALL GROUP of related decisions
BE GIVEN OVER TO A DISTINCT JURY - much as we assemble a citizen trial jury
today to work on JUST ONE CASE.
A typical citizen decision jury would in effect replace a SINGLE committee
of the assembly, in its work of a FEW DAYS OR WEEKS, on a SINGLE issue,
involving just a single bill or group of related bills.
[What presently is handled by a legislative body will annually call for
quite a few juries. Besides juries working on specific issues, others will
be needed to agendize and prioritize the issues to be taken up. Moreover to
keep to the American constitutional spirit of checks and balances and
separation of powers, so as to avoid abuses of power, we will need not
only original or first-stage decision juries but also appellate or
second-stage juries, to review decisions and then to confirm or veto
them.]
Theres therefore no need for a citizen juror to understand all the details
of governing. In fact, even in relatively short time, theres far more
opportunity for a typical citizen juror working on just one issue to
understand that issue than there is for a typical politician - who must,
often in short time, decide on many issues.
Indeed, politicians usually fully grasp needed points on few if any of the
matters they decide. At best, they call on real experts for advice - which
decision juries would be empowered to do.
Dave writes: on rereading I see a random subset doing each decision, but
nothing about their being willing and able to do it well).
Nowadays theres no guarantee nor even requirement that politicians be able
to make each decision well. As Ive noted, theres every reason to
believe that - as already occurs for trial juries - there will be enough
willing citizens and moreover able to do the job well enough.
Dave also writes: ...that [decision jury service] would become a full time
task for each voter who got randomly picked (likely UNWANTED by most), with
no time left to do something productive or to take part in having a family.
No worse than usual trial jury service! Typically, only a minority - but
still a quite sufficient number - of summoned citizens are actually seated
on a trial jury. Those summoned citizens who have strong desires or good
reasons not to serve - or show potential for serious bias, etc. - are
excused; and we still typically have many willing jurors.
Sure, decision jury service, just like trial jury service, could be full
time - but quite temporarily so (generally a few days, maybe up to a few
weeks - and just once every few years).
Jury service involves novel and problem-solving teamwork for the public
good, with generally interesting teammates. These aspects have made the
trial jury experience a positive one for me and for many others.
This is so even for those whose usual pay is not fully covered by a
combination of support from jurors pay and employer. On this point,
todays politician salaries and benefits could be used instead to well
compensate citizen decision jurors.
As Dave concludes, even when a citizen may not wish to participate very
actively in decision-making, he still desires a better chance to be
heard.... For this reason, as I noted earlier, citizen decision juries
would be REQUIRED to hold public hearings and to receive oral and written
testimony from ALL interested parties - including experts, activists and
ordinary concerned citizens.
Joe Weinstein
Long Beach CA USA
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