Examining the influence of jurors on prosecutorial discretion, this work highlights the disconnect between public perception and the reality of jury trials in the U.S. legal system. While jurors are a staple of popular media, less than 2% of federal cases actually go to jury trial. Despite this decline, jurors remain a central theme in how federal prosecutors view their roles. The book presents the first ethnographic study of U.S. attorneys, revealing how jurors are often envisioned as make-believe audiences, hypothetical evaluators, and imagined decision-makers during trial preparations. Prosecutors frequently consider how jurors might react to various elements of a case, integrating public perspectives into their strategies. Offit argues that while the number of jury trials has decreased, jurors still significantly influence federal prosecutors' work and professional identities, albeit in an imagined form. This reliance on hypothetical jurors can lead to caricatures of the public, as prosecutors may lean on stereotypes or simplistic notions of how laypeople think. Ultimately, these imagined jurors serve as a flawed but critical resource for incorporating public perspectives into legal processes. To fulfill the democratic promise of the legal system, a renewed commitment to jury trials and diverse juries is essential.
Anna Offit Bücher
