Interesting. I had never considered this. I would've considered this to be a plus, but I suppose it IS more of a double-edged sword.
(I’m actually not completely sure of the right answer)
There’s also a reasoning from democracy: you want the general public to be involved to represent something closer to prevalent moral views than what a caste of specialists may come up within their isolated community.
There may even be something of trade off where you’re sometimes ok with arriving at a verdict that is objectively wrong according to experts, but feels intuitively right to the public. This is dicey, and probably shouldn’t apply to criminal trials. But trust in the justice system is a value in and of itself.
I agree that a jury doesn't seem well equipped to handle these questions, but I don't know what I would propose that would inspire more confidence.
Specialized courts for things like patent law are used in lots of places outside the US precisely because juries are often unsuitable for evaluating technical questions (among other reasons).
Patent law I think is one of the most laughably dysfunctional things courts have tried to understand.
The other major problem is bribes. It'd be so risky to bribe an entire jury that I imagine most companies wouldn't dare. But in my gut I imagine most judges could be influenced for much less than 2 billion.
If you are talking about patent legal systems outside the US, you'd have to argue those systems are worse to use it as evidence against my claims. (If all patent systems are bad worldwide, this doesn't tell us much about the value of specialized courts other than that they can't solve unsolved problems.) Could you point to such an argument?
If you think that increasing the number of necessary people to bribe is an effective way to prevent bribery, then you can just increase the number of judges, which could be indexed to the amount being claimed.
I'd be okay with a "jury of judges" approach (provided it was at least 6, like a normal jury) to reduce undue influence, if legal system could hypothetically arrange that.
Well you never sat on the jury so you dont know what information was presented to them. Obviously enough data was presented to them to form a conclusion though.
So, I am not convinced about your use of "obviously".
[1] https://en.wikipedia.org/wiki/CSI_effect
[2] https://www.ipr.northwestern.edu/publications/docs/workingpa...