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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
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 juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.
Unquestionably the most radical treatise ever written on the American jury, examining Magna Carta and a host of other historical sources to sustain the claim that jurors should be chosen from the entire population and be judges of both fact and law . One of the earliest treatises on the subject. Spooner's powerful argument for reform of the jury system holds that jurors should be drawn by lot from the whole body of citizens, and that they should be judges of law as well as of the fact in question. Spooner [1808-1887] was well known for his controversial arguments on political and legal subjects. Spooner maintained that jurors should be drawn by lot from the whole body of citizens, and that they should be judges of law as well as of fact. Contents: The Right of Juries to Judge of the Justice of Laws The Trial by Jury, As Defined by Magna Carta 1. The History of Magna Carta. 2. The Language of Magna Carta Additional Proofs of the Rights and Duties of Juries 1. Weakness of the Regal Authority 2. The Ancient Common Law Juries Were Mere Courts of Conscience 3. The Oaths of Juror. 4. The Right of Jurors to Fix the Sentence 5. The Oaths of Judges 6. The Coronation Oath The Rights and Duties of Juries in Civil Suits Objections Answered Juries of the Present Day Illegal Illegal Judges The Free Administration of Justice The Criminal Intent Moral Considerations for Jurors Authority of Magna Carta Limitations Imposed Upon the Majority by the Trial by Jury Appendix Taxation
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 ideas for changing the justice system, rooted in the real-life experiences of those in overpoliced communities, from the acclaimed former federal prosecutor and author of Chokehold Paul Butler was an ambitious federal prosecutor, a Harvard Law grad who gave up his corporate law salary to fight the good fight—until one day he was arrested on the street and charged with a crime he didn't commit. In a book Harvard Law professor Charles Ogletree calls “a must-read,” Butler looks at places where ordinary citizens meet the justice system—as jurors, witnesses, and in encounters with the police—and explores what “doing the right thing” means in a corrupt system. No matter how powerless those caught up in the web of the law may feel, there is a chance to regain agency, argues Butler. Through groundbreaking and sometimes controversial methods—jury nullification (voting “not guilty” in drug cases as a form of protest), just saying “no” when the police request your permission to search, and refusing to work inside the system as a snitch or a prosecutor—ordinary people can tip the system towards actual justice. Let’s Get Free is an evocative, compelling look at the steps we can collectively take to reform our broken system.
This interesting and readable book covers a broad range of perspectives on various topics and issues critical to the American criminal justice system. It contains readings from many sources, as well as historical and philosophical approaches to understanding the complexities confronting the field of criminal justice today. The selected readings are organized under four major topical areas: Crime and Justice in America; The Police in America; Adjudication and Sentencing; and Jails, Prisons, and Community-based Corrections. For individuals working within--or simply interested in-- the American criminal justice system.
This book brings together a large and diverse collection of philosophical papers addressing a wide variety of public policy issues. Topics covered range from long-standing subjects of debate such as abortion, punishment, and freedom of expression, to more recent controversies such as those over gene editing, military drones, and statues honoring Confederate soldiers. Part I focuses on the criminal justice system, including issues that arise before, during, and after criminal trials. Part II covers matters of national defense and sovereignty, including chapters on military ethics, terrorism, and immigration. Part III, which explores political participation, manipulation, and standing, includes discussions of issues involving voting rights, the use of nudges, and claims of equal status. Part IV covers a variety of issues involving freedom of speech and expression. Part V deals with questions of justice and inequality. Part VI considers topics involving bioethics and biotechnology. Part VII is devoted to beginning of life issues, such as cloning and surrogacy, and end of life issues, such as assisted suicide and organ procurement. Part VIII navigates emerging environmental issues, including treatments of the urban environment and extraterrestrial environments.
Jury service is one of the most important civic duties a person can undertake, yet it is often poorly understood. This booklet has been prepared in consultation with the Juries Commissioner's Office. It answers frequently asked questions about jury service and provides prospective jurors with a clear explanation of their responsibilities and the processes involved in trials. All potential jurors will receive a copy when they attend for jury service.
In this timely book, Norman Finkel looks at the relationship between the “law on the books,” as set down in the Constitution and developed in cases and decisions, and what he calls “commonsense justice”: the ordinary citizen’s notions of what is just and fair.