The Verdict

Author: Neil Vidmar,Valerie P. Hans

Publisher: N.A

ISBN: N.A

Category: Law

Page: 428

View: 7597

Although the right to trial by jury is enshrined in the U.S. Constitution, in recent years both criminal and civil juries have been criticized as incompetent, biased, and irresponsible. For example, the O.J. Simpson criminal jury’s verdict produced a racial divide in opinions about that trial. And many Americans still hold strong views about the jury that awarded millions of dollars to a woman who spilled a cup of McDonald's coffee on herself. It’s said that there are "judicial hellholes" where local juries provide "jackpot justice" in medical malpractice and product liability cases with corporate defendants. Are these claims valid? This monumental and comprehensive volume reviews over fifty years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system. Rather than relying on anecdotes, Vidmar and Hans—renowned scholars of the jury system—place the jury system in its historical and contemporary context, giving the stories behind important trials while providing fact-based answers to critical questions. How do juries make decisions and how do their verdicts compare to those of trial judges and technical experts? What roles do jury consultants play in influencing trial outcomes? Can juries understand complex expert testimony? Under which circumstances do capital juries decide to sentence a defendant to die? Are juries biased against doctors and big business? Should juries be allowed to give punitive damages? How do juries respond to the insanity defense? Do jurors ignore the law? Finally, the authors consider various suggestions for improving the way that juries are asked to carry out their duties. After briefly comparing the American jury to its counterparts in other nations, they conclude that our jury system, despite occasional problems, is, on balance, fair and democratic, and should remain an indispensable component of the judicial process for the foreseeable future.
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Juror Conduct and Jury Dynamics

Author: John Kleinig,James P. Levine,Jeffrey B. Abramson,B. Michael Dann,Shari Seidman Diamond,Norman J. Finkel,Paula Hannaford-Agor,Valerie P. Hans,Julie E. Howe,Nancy J. King

Publisher: Routledge

ISBN: 1317257138

Category: Social Science

Page: 304

View: 4588

Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice to hold out against or capitulate to their fellow jurors? Is it acceptable to form alliances? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Contributors: Jeffrey Abramson, B. Michael Dann, Shari Seidman Diamond, Norman J. Finkel, Paula Hannaford-Agor, Valerie P. Hans, Julie E. Howe, Nancy J. King, John Kleinig, James P. Levine, Candace McCoy, G. Thomas Munsterman, Maureen O'Connor, Steven Penrod, Alan W. Scheflin, Neil Vidmar
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How Jury Deliberation Promotes Civic Engagement and Political Participation

Author: John Gastil,E. Pierre Deess,Philip J. Weiser,Cindy Simmons

Publisher: Oxford University Press

ISBN: 0199888531

Category: Political Science

Page: 288

View: 2171

Alexis de Tocqueville, John Stuart Mill, and the U.S. Supreme Court have all alleged that jury service promotes civic and political engagement, yet none could prove it. Finally, The Jury and Democracy provides compelling systematic evidence to support this view. Drawing from in-depth interviews, thousands of juror surveys, and court and voting records from across the United States, the authors show that serving on a jury can trigger changes in how citizens view themselves, their peers, and their government--and can even significantly increase electoral turnout among infrequent voters. Jury service also sparks long-term shifts in media use, political action, and community involvement. In an era when involved Americans are searching for ways to inspire their fellow citizens, The Jury and Democracy offers a plausible and realistic path for turning passive spectators into active political participants.
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Author: Donald P. Haider-Markel

Publisher: OUP Oxford

ISBN: 0191611964

Category: Political Science

Page: 976

View: 6744

The Oxford Handbook of State and Local Government is an historic undertaking. It contains a wide range of essays that define the important questions in the field, evaluate where we are in answering them, and set the direction and terms of discourse for future work. The Handbook will have a substantial influence in defining the field for years to come. The chapters critically assess both the key works of state and local politics literature and the ways in which the sub-field has developed. It covers the main areas of study in subnational politics by exploring the central contributions to the comparative study of institutions, behavior, and policy in the American context. Each chapter outlines an agenda for future research.
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Containing a Brief Outline of the Origin and Progress of Political Power and the Laws of Nations, a Commentary on the Constitution of the United States of North America, and a Lucid Exposition of the Duties and Responsiblities of Voters, Jurors, and Civil Magistrates ...

Author: Joseph Bartlett Burleigh

Publisher: N.A

ISBN: N.A

Category: United States

Page: 376

View: 8463

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The Jury System and the Ideal of Democracy : with a New Preface

Author: Jeffrey B. Abramson

Publisher: Harvard University Press

ISBN: 9780674004306

Category: Law

Page: 308

View: 3272

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.
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The Seventh Amendment and Anglo-American Special Juries

Author: James Oldham

Publisher: NYU Press

ISBN: 0814762042

Category: Law

Page: 355

View: 6237

While the right to be judged by one's peers in a court of law appears to be a hallmark of American law, protected in civil cases by the Seventh Amendment to the Constitution, the civil jury is actually an import from England. Legal historian James Oldham assembles a mix of his signature essays and new work on the history of jury trial, tracing how trial by jury was transplanted to America and preserved in the Constitution. Trial by Jury begins with a rigorous examination of English civil jury practices in the late eighteenth century, including how judges determined one's right to trial by jury and who composed the jury. Oldham then considers the extensive historical use of a variety of “special juries,” such as juries of merchants for commercial cases and juries of women for claims of pregnancy. Special juries were used for centuries in both English and American law, although they are now considered antithetical to the idea that American juries should be drawn from jury pools that reflect reasonable cross-sections of their communities. An introductory overview addresses the relevance of Anglo-American legal tradition and history in understanding America's modern jury system.
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Assessing the Civil Jury System

Author: Robert E. Litan

Publisher: Brookings Institution Press

ISBN: 9780815720195

Category: Law

Page: 542

View: 6142

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 will both improve citizens' access to jury determinations and help resolve disputes in a more effective and efficient manner. Among their many suggestions, the authors call for changes in trial procedures and techniques that would improve the ability of jurors to understand the lay and evidence, a reduction in administrative costs and delays, and a change in they way juries are chosen. The authors also recommend shorter hours and more pay for jurors, greater flexibility in court schedules, and elimination of alternate jurors. In the final chapter the civil jury is considered in the broader context of how society resolves or manages civil disputes.
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The Cutting Edge

Author: Richard Delgado,Jean Stefancic

Publisher: Temple University Press

ISBN: 9781566397148

Category: Social Science

Page: 681

View: 8484

In this wide-ranging second edition, Richard Delgado and Jean Stefancic bring together the finest, most illustrative, and highly accessible articles in the fast-growing legal genre of Critical Race Theory. In challenging orthodoxy, questioning the premises of liberalism, and debating sacred wisdoms, Critical Race Theory scholars writing over the past few years have indelibly changed the way America looks at race. This edition contains treatment of all the topics covered in the first edition, along with provocative and probing questions for discussion and detailed suggestions for additional reading, all of which set this fine volume apart from the field. In addition, this edition contains five new substantive units -- crime, critical race practice, intergroup tensions and alliances, gay/lesbian issues, and transcending the black-white binary paradigm of race. In each of these areas, groundbreaking scholarship by the movement's founding figures as well as the brightest new stars provides immediate entre to current trends and developments in critical civil rights thought.
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Being a Guide for Jurymen Throughout the United States. Containing Rules for Testing the Credibility of Witnesses and Weighing and Estimating Evidence, Together with a System of Forensic Reasoning for Jurors

Author: Hugh Blair Wilson

Publisher: N.A

ISBN: N.A

Category: Evidence (Law)

Page: 240

View: 2309

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A Critical Reader

Author: Devon Carbado

Publisher: NYU Press

ISBN: 0814715524

Category: Law

Page: 464

View: 9454

The image of the West looms large in the American imagination. Yet the history of American Jewry and particularly of American Jewish women—has been heavily weighted toward the East. Jewish Women Pioneering the Frontier Trail rectifies this omission as the first full book to trace the history and contributions of Jewish women in the American West. In many ways, the Jewish experience in the West was distinct. Given the still-forming social landscape, beginning with the 1848 Gold Rush, Jews were able to integrate more fully into local communities than they had in the East. Jewish women in the West took advantage of the unsettled nature of the region to “open new doors” for themselves in the public sphere in ways often not yet possible elsewhere in the country. Women were crucial to the survival of early communities, and made distinct contributions not only in shaping Jewish communal life but outside the Jewish community as well. Western Jewish women's level of involvement at the vanguard of social welfare and progressive reform, commerce, politics, and higher education and the professions is striking given their relatively small numbers. This engaging work—full of stories from the memoirs and records of Jewish pioneer women—illuminates the pivotal role these women played in settling America's Western frontier.
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Author: Suja A. Thomas

Publisher: Cambridge University Press

ISBN: 1107055652

Category: Law

Page: 262

View: 4141

Explores why juries have declined in power and how the federal government and the states have taken the jury's authority.
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Author: Vardis Fisher,Opal Laurel Holmes

Publisher: Caxton Press

ISBN: 9780870040436

Category: History

Page: 466

View: 5152

Distributed by the University of Nebraska Press for Caxton Press Vardis Fisher and Opal Laurel Holmes bring together the stories of all of the remarkable men and women and all of the violent contrasts that made up one of the most entrhalling chapters in American history. Fisher, a respected scholar and versatile creative writer, devoted three years to the writing of this book.
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Civil Procedure in Context

Author: Stephen Subrin,Margaret Y. K. Woo

Publisher: Aspen Publishers Online

ISBN: 0735552665

Category: Law

Page: 303

View: 4384

Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook.
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An Introduction to Democracy

Author: Del Dickson

Publisher: Cambridge University Press

ISBN: 1107043875

Category: Political Science

Page: 280

View: 6372

Examines the strengths and weaknesses of democracy, in multiple forms, in multiple locations.
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Author: Bethel G. A. Erastus-Obilo

Publisher: Universal-Publishers

ISBN: 1599426897

Category:

Page: N.A

View: 1934

Lay participation in the criminal justice process in the form of a jury is a celebrated phenomenon throughout the common law jurisdictions. While not claiming credit for its origin, England, as the latent cradle of the modern jury, disseminated this mode
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The Insanity Defense of Daniel McNaughtan

Author: Richard Moran

Publisher: Simon and Schuster

ISBN: 0743205898

Category: Biography & Autobiography

Page: 252

View: 8673

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The Justices and Criminal Justice

Author: Kermit Hall

Publisher: Taylor & Francis

ISBN: 9780815334330

Category: Law

Page: 420

View: 3422

Available as a single volume or as part of the 10 volume set Supreme Court in American Society
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Psychological Perspectives

Author: Saul M. Kassin,Lawrence S. Wrightsman

Publisher: Taylor & Francis

ISBN: 1135874654

Category: Psychology

Page: 246

View: 8277

First Published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.
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