The American Jury
Author | : Harry Kalven |
Publisher | : |
Total Pages | : 584 |
Release | : 1966 |
Genre | : Law |
ISBN | : |
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Author | : Harry Kalven |
Publisher | : |
Total Pages | : 584 |
Release | : 1966 |
Genre | : Law |
ISBN | : |
Author | : Suja A. Thomas |
Publisher | : Cambridge University Press |
Total Pages | : 263 |
Release | : 2016-06-16 |
Genre | : Law |
ISBN | : 1107055652 |
This book explores why juries have declined in power and how the federal government and the states have taken the jury's authority.
Author | : Harry Kalven |
Publisher | : |
Total Pages | : 584 |
Release | : 1966 |
Genre | : Law |
ISBN | : |
Author | : Neil Vidmar |
Publisher | : Prometheus Books |
Total Pages | : 428 |
Release | : 2009-09-25 |
Genre | : Law |
ISBN | : 1615929878 |
This monumental and comprehensive volume reviews more than 50 years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system.
Author | : Randolph N. Jonakait |
Publisher | : Yale University Press |
Total Pages | : 372 |
Release | : 2008-10-01 |
Genre | : Law |
ISBN | : 0300129408 |
How are juries selected in the United States? What forces influence juries in making their decisions? Are some cases simply beyond the ability of juries to decide? How useful is the entire jury system? In this important and accessible book, a prominent expert on constitutional law examines these and other issues concerning the American jury system. Randolph N. Jonakait describes the historical and social pressures that have driven the development of the jury system; contrasts the American jury system to the legal process in other countries; reveals subtle changes in the popular view of juries; examines how the news media, movies, and books portray and even affect the system; and discusses the empirical data that show how juries actually operate and what influences their decisions. Jonakait endorses the jury system in both civil and criminal cases, spelling out the important social role juries play in legitimizing and affirming the American justice system.
Author | : Jeffrey B. Abramson |
Publisher | : Harvard University Press |
Total Pages | : 356 |
Release | : 2000 |
Genre | : Business & Economics |
ISBN | : 9780674004306 |
This magisterial book explores fascinating cases from American history to show how juries remain the heart of our system of criminal justice - and an essential element of our democracy. No other institution of government rivals the jury in placing power so directly in the hands of citizens. Jeffrey Abramson draws upon his own background as both a lawyer and a political theorist to capture the full democratic drama that is the jury. We, the Jury is a rare work of scholarship that brings the history of the jury alive and shows the origins of many of today's dilemmas surrounding juries and justice.
Author | : Robert E. Litan |
Publisher | : Brookings Institution Press |
Total Pages | : 557 |
Release | : 2011-09-01 |
Genre | : Law |
ISBN | : 081572019X |
The right to a jury trial is a fundamental feature of the American justice system. In recent years, however, aspects of the civil jury system have increasingly come under attack. Many question the ability of lay jurors to decide complex scientific and technical questions that often arise in civil suits. Others debate the high and rising costs of litigation, the staggering delay in resolving disputes, and the quality of justice. Federal and state courts, crowded with growing numbers of criminal cases, complain about handling difficult civil matters. As a result, the jury trial is effectively being challenged as a means for resolving disputes in America. Juries have been reduced in size, their selection procedures altered, and the unanimity requirement suspended. For many this development is viewed as necessary. For others, it arouses deep concern. In this book, a distinguished group of scholars, attorneys, and judges examine the civil jury system and discuss whether certain features should be modified or reformed. The book features papers presented at a conference cosponsored by the Brookings Institution and the Litigation Section of the American Bar Association, together with an introductory chapter by Robert E. Litan. While the authors present competing views of the objectives of the civil jury system, all agree that the jury still has and will continue to have an important role in the American system of civil justice. The book begins with a brief history of the jury system and explains how juries have become increasingly responsible for decisions of great difficulty. Contributors then provide an overview of the system's objectives and discuss whether, and to what extent, actual practice meets those objectives. They summarize how juries function and what attitudes lawyers, judges, litigants, former jurors, and the public at large hold about the current system. The second half of the book is devoted to a wide range of recommendations that w
Author | : Drury R. Sherrod |
Publisher | : Rowman & Littlefield |
Total Pages | : 192 |
Release | : 2019-02-08 |
Genre | : Law |
ISBN | : 1538109549 |
Confronting readers with intellectual and moral dilemmas faced by real jurors, The Jury Crisis explores the near collapse of jury trials in America, examines alternative paths to justice and proposes how to restore trial by jury as the trusted foundation of American democracy.
Author | : Dennis Hale |
Publisher | : University Press of Kansas |
Total Pages | : 480 |
Release | : 2016-02-09 |
Genre | : Law |
ISBN | : 0700622004 |
The jury trial is one of the formative elements of American government, vitally important even when Americans were still colonial subjects of Great Britain. When the founding generation enshrined the jury in the Constitution and Bill of Rights, they were not inventing something new, but protecting something old: one of the traditional and essential rights of all free men. Judgment by an “impartial jury” would henceforth put citizen panels at the very heart of the American legal order. And yet at the dawn of the 21st century, juries resolve just two percent of the nation’s legal cases and critics warn that the jury is “vanishing” from both the criminal and civil courts. The jury’s critics point to sensational jury trials like those in the O. J. Simpson and Menendez cases, and conclude that the disappearance of the jury is no great loss. The jury’s defenders, from journeyman trial lawyers to members of the Supreme Court, take a different view, warning that the disappearance of the jury trial would be a profound loss. In The Jury in America, a work that deftly combines legal history, political analysis, and storytelling, Dennis Hale takes us to the very heart of this debate to show us what the American jury system was, what it has become, and what the changes in the jury system tell us about our common political and civic life. Because the jury is so old, continuously present in the life of the American republic, it can act as a mirror, reflecting the changes going on around it. And yet because the jury is embedded in the Constitution, it has held on to its original shape more stubbornly than almost any other element in the American regime. Looking back to juries at the time of America's founding, and forward to the fraught and diminished juries of our day, Hale traces a transformation in our understanding of ideas about sedition, race relations, negligence, expertise, the responsibilities of citizenship, and what it means to be a citizen who is “good and true” and therefore suited to the difficult tasks of judgment. Criminal and civil trials and the jury decisions that result from them involve the most fundamental questions of right, and so go to the core of what makes the nation what it is. In this light, in conclusion, Hale considers four controversial modern trials for what they can tell us about what a jury is, and about the fate of republican government in America today.
Author | : Saul M. Kassin |
Publisher | : Taylor & Francis |
Total Pages | : 247 |
Release | : 2013-10-08 |
Genre | : Psychology |
ISBN | : 1135874581 |
First Published in 1988. More than 3 million Americans are called for jury duty every year. For most people, serving on a jury arouses two feelings: it is both a personal sacrifice and an exciting experience. And where a jury is asked to decide some cases, they make headlines. As a result of trials such as these, the American system of trial by jury faces unprecedented challenges. This volume offers an informed examination of the entire process, from jury selection to the delivery of a verdict. Quoting the experiences and expertise of F. Lee Bailey, William Kunstler, Clarence Darrow, Learned Hand, and many others, ttis book investigates such important factors as pretrial bias, the psychology of evidence, inadmissible testimony, interpreting the law, and what goes on inside the jury room. People often think that any book dealing with the law must be written in ‘legalese’ but in in this book, Professors Kassin and Wrightsman present their case in an exceptionally readable style. They utilize modern advances in psychology to illuminate the usually hidden world of trial practice and procedure and offer thoughtful possibilities for improving the system.