Berger International Speaker Series - The Start of Trial by Jury in Argentina: Studying a New Jury System at Work in Neuquén, Argentina

On Tuesday, March 15th, 2022 from 12:15 – 1:15 p.m., we held a virtual seminar entitled The Start of Trial by Jury in Argentina: Studying a New Jury System at Work in Neuquén, Argentina with Sidonie Porterie, Vice President of the Latin American Institute for Security and Democracy (ILSED), Aldana Romano, Executive Director of the Institute of Comparative Studies in Criminal and Social Sciences, and Valerie Hans, Charles F. Rechlin Professor of Law at Cornell Law School.

About the seminar:

This presentation summarizes the results of a multi-year study of the operation of the new system of trial by jury in the province of Neuquén, Argentina. The province introduced trial by jury to a community with no history of lay participation in legal decision making. Following each trial and with the cooperation of the trial courts, we surveyed jurors, trial judges, prosecutors, private attorneys, and defense attorneys who participated in jury trials in the province, conducted focus groups of jurors, and interviewed judges and lawyers.  The project offered a unique opportunity to study the beginnings of a new legal institution and to observe how it is experienced by both lay citizens and by legal professionals. Most jurors had little to no knowledge about the jury system before they were summoned to serve, and few reported great enthusiasm initially. Despite their lack of familiarity with the jury, their experiences as first-time jurors were positive overall. In turn, jurors reported that their involvement as decision makers led them to adopt more favorable views about the jury system, the judiciary, and the courts. Indeed, the experience left many jurors with a sense of pride. Legal professionals also reported generally positive views about the jury trials they participated in, although lawyers reported the need for more training in oral advocacy and trial presentation. The results have both theoretical and applied significance. They can inform scholarly debates in the law and society field about the introduction and success of legal transplants. What is more, insights from the study can be employed in education and training of legal professionals and in policy discussions over jury trial adoption and reform.

About Sidonie Porterie:

Currently, Sidonie Porterie serves as Vice President of the Latin American Institute for Security and Democracy (ILSED). Undersecretary of Political, Parliamentary and Electoral Affairs at the Government of the Province of Buenos Aires (2019-2022). Ex Director of the Institute of Comparative Studies in Criminal and Social Sciences –INECIP- (20). Ex UNDP advisor on justice and security reform for Latin American (PNUD LAC SURF 2005).

Sidonie Porterie is a political scientist (honor diploma) with orientation in State, Administration and Public Policies, and Magister candidate at the Universidad de Buenos Aires. She is a researcher and a consultant on the field of public security, criminal justice, and juries, with experience in many states of Argentina and Latin America.

In the field of jury systems, she is carrying out empirical research in Mendoza, Entre Rios, Neuquén Río Negro and Chaco. She had participated in the parliamentary process of jury laws and she collaborated on the implementation of the new system in Argentinian provinces.

Co-author of the book "The power of the jury" (2018); And Co author of the articles: “El jurado neuquino: el comienzo del jurado clásico en la Argentina (2021); The rise of the jury in Argentina: Evolution in real time" (2021); "Jury trials and self defense" (2019); "Popular jury vs. mixed-jury: a political dilemma" (2017); "From prejudice to experience: jurors from the view of the judicial operators"; "The Jury and its democratic legitimacy: Trial by Jury in Argentina's public agenda” (2016).

About Aldana Romano:

Aldana Romano currently serves as Executive Director of the Institute of Comparative Studies in Criminal and Social Sciences (From December 2015 - present). External Advisor of the Chamber of Deputies of the Nation, Criminal Law, Security, Justice and Drug Trafficking Committees (2012-2017). External advisor of the Legislature of the City of Buenos Aires on security and justice issues (2018-present). She also teaches at National University Arturo Jauretche (April 2015-today).

Aldana Romano has a Degree in Political Science (Diploma of Honor) at Faculty of Social Sciences, National University of Buenos Aires, and she is a magister candidate at the same university. She is a social researcher at INECIP and she has worked many years on criminal justice, gender, and juries, from civil society positions and also as a legislative assessor.

She is co-director of the empirical research area on jury system, in charge of studies at the province of Neuquen, Rio Negro, Chaco, Entre Ríos and Mendoza. Ad Honorem Researcher of the Public Policy research team, Faculty of Humanities, National University of La Plata, (May 2013- today). Researcher at Gino Germani Institute of the University of Buenos Aires, New Forms of Policies Group (2011-2012).

Co-author of the book "The power of the jury" (2018); And Co author of the articles: “El jurado neuquino: el comienzo del jurado clásico en la Argentina (2021); The rise of the jury in Argentina: Evolution in real time" (2021); "Jury trials and self defense" (2019); "Popular jury vs. mixed-jury: a political dilemma" (2017); "From prejudice to experience: jurors from the view of the judicial operators"; "The Jury and its democratic legitimacy: Trial by Jury in Argentina's public agenda” (2016).

About Valerie Hans:

Valerie P. Hans, Charles F. Rechlin Professor of Law, conducts empirical studies of law and the courts, and is one of the nation's leading authorities on the jury system. Trained as a social scientist, she has carried out extensive research and lectured around the globe on juries and jury reforms as well as the uses of social science in law.

She is the author or editor of 9 books and over 150 research articles. Current projects on the American jury include developing a new theory of damage awards, analyzing how jury service promotes civic engagement, and examining the impact of race in tort decisions. Professor Hans is also studying the diverse forms of citizen participation in legal decision making in other countries. Her research and that of others are summarized in a coedited book, Juries, Lay Judges, and Mixed Courts: A Global Perspective (2021). Other books include: The Psychology of Tort Law (2016); American Juries: The Verdict (2007); The Jury System: Contemporary Scholarship (2006); Business on Trial: The Civil Jury and Corporate Responsibility (2000); and Judging the Jury (1986).