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Jury Nullification
The Founding Fathers guaranteed trial by jury three times in the Constitution—more than any other right—since juries can serve as the final check on government’s power to enforce unjust, immoral, or oppressive laws. But in America today, how independent c
Jury Nullification
Jury nullification, in its simplest definition, occurs when a jury returns a not guilty verdict for a defendant it believes to be legally guilty of the crime charged. To put this explicitly, a jury nullifies when, despite believing both a) that the defendant did, beyond a reasonable doubt, commit the act/omission in question, and b) that such behavior is, in fact, prohibited by law, nevertheless declares the defendant innocent. This book explores the specifically philosophical aspects of the phenomenon. Is jury nullification a right? A power? A mere ability? A privilege? A pernicious form of juror malfeasance? Is a system that allows for jury nullification more, or less just, than one that does not? This important book fills a gap in the current scholarship around jury nullification, which, for the most part, has been confined to purely doctrinal analyses, rather than the broader ethical, social, political, and philosophical contours of this issue.
We, the Jury
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.
Radical Enfranchisement in the Jury Room and Public Life
Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that ...
The American Jury System
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.
Race in the Jury Box
Race in the Jury Box focuses on the racially unrepresentative jury as one of the remaining barriers to racial equality and a recurring source of controversy in American life. Because members of minority groups remain underrepresented on juries, various communities have tried race-conscious jury selection, termed "affirmative jury selection." The authors argue that affirmative jury selection can insure fairness, verdict legitimization, and public confidence in the justice system. This book offers a critical analysis and systematic examination of possible applications of race-based jury selection, examining the public perception of these measures and their constitutionality. The authors make use of court cases, their own experiences as jury consultants, and jury research, as well as statistical surveys and analysis. The work concludes with the presentation of four strategies for affirmative jury selection.
Jury Ethics
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...
Encyclopedia of American Civil Liberties
This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.
To Promote the General Welfare
The essays collected in To Promote the General Welfare explore communitarianism, which examines the balance between rights and responsibilities, the need for a common good, and the need for diversity within unity. In the book ten preeminent scholars explore nine areas of the law-civil, criminal, constitutional-to explicate how a communitarian worldview might change or interpret the existing law. For example, Philip Selznick sketches a picture of communitarian justice in its broad terms. Robert Ackerman argues that tort liability needs to be expanded in some areas and contracted in others to effectuate a more communitarian tort regime. Akhil Reed Amar and Alan Hirsch offer a communitarian rea...
