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Friday, November 27, 2009
June 29, 2006

Are judges more soft headed than juries?

Eugene Volokh of the Volokh Conspiracy, one of my favorite blogs, came across a law article showing that in federal criminal cases, judges acquit far more often than juries do.

The conviction rate over a 14-year period was 55 percent by judges, 84 percent when juries did the deciding.

So Volokh invited Andrew Leipold, the author of the article, "Why Are Federal Judges So Acquittal Prone?" to blog on the issue at the Volokh Conspiracy, touching off a lively discussion on what may or may not be wrong with all those judges who may or may not be excessively soft headed. This is another example of what blogs can do. Instead of a stuffy yearlong exchange in some law journal, actual arguments and observations unfold quickly in ordinary English.

Also, the site links to Orin Kerr's interesting analysis of the Supreme Court's predictable 5-4 liberal-conservative split over the death penalty. Also notable is David Bernstein's "The Cult of International Law." Bernstein deplores "a fanatical, quasi-religious belief in 'international law' " among some rather well-educated people.

Posted at 12:00 PM by John Leo

John Leo
John Leo has covered the social sciences and intellectual trends for Time magazine and the New York Times. He is also the author of two books: Two Steps Ahead of the Thought Police and a book of humor, How the Russians Invented Baseball and Other Essays of Enlightenment.

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