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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
In the American judicial system, jurors hold an awesome responsibility. They have the power to grant millions of dollars in damages, to declare someone guilty or not guilty of a crime, and, in some states, to decide if another human being should live or die. The twelve real-life court cases presented here not only offer students a fascinating inside look at the court system, they give them the opportunity to step into the jury box and experience American justice in action. All the key factors of jury trials are discussed: expert witnesses, the allowance of certain kinds of evidence, claims of diminished capacity, and much more. Each case is followed by a series of interactive questions that test readers’ knowledge of the issues involved. And at the end of each chapter students will find out how the real jury decided—and why. As entertaining as it is educational, You’re the Jury offers a hands-on introduction to a unique aspect of the American legal system. Norbert Ehrenfreund has served as a judge for seventeen years in the Superior Court of California. Lawrence Treat is a founder and former president of the Mystery Writers of America, a three-time Edgar Allan Poe Award winner, and the author of the highly successful Crime and Puzzlement series.
Places the idea of jury duty into perspective, noting its importance as a constitutional responsibility, and describes ways in which the experience may be enriched.
... The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their role as jurors; explains some of the language and procedures used in court, and offers some suggestions helpful to jurors in performing their duty ...
Written by a legal scholar for the general reader, this book demystifies the institution of the jury and validates its political power, providing valuable insights for the more than 30 million Americans who receive a jury summons each year. Jury Duty: Reclaiming Your Political Power and Taking Responsibility presents an accessible account of the origins and development of the jury system as well as a comprehensive, stage-by-stage description of a jury trial and of the sentencing procedure in a criminal trial. The work also provides a unique estimate of the cost of the jury system, which is particularly relevant in this continuing era of budget constraints. Rejecting the justifications usually given for the jury system, the work explains how the political roles of the jury constitute the chief value of the jury system. The basis of these political roles is the unquestionable power of the jury to acquit even a guilty criminal defendant, which allows juries to prevent the enforcement of unjust laws and the imposition of unjust punishments. Accordingly, the book challenges a range of practices that the judiciary has developed to obstruct the jury's exercise of this power. Most people—even including many lawyers—remain unaware of these practices, but they undermine the value of the jury system to our society. Finally, the book offers an original, thought-provoking analysis of the responsibilities imposed on criminal trial jurors in cases of compelling injustice.
In We the Jury ... veteran jury watcher and historian Godfrey D. Lehman demonstrates the validity of the American constitutional republic, in which the people hold sovereign power and express their will more effectively by delivering verdicts of conscience than by voting. The jury, when it is independent, nullifies unjust laws, topples kings and, as a representative of the governed, holds the governors in thrall to its consent. The jury is Abraham Lincoln's "government of, by, and for the people" in operation.
When Princeton historian D. Graham Burnett answered his jury duty summons, he expected to spend a few days catching up on his reading in the court waiting room. Instead, he finds himself thrust into a high-pressure role as the jury foreman in a Manhattan trial. There he comes face to face with a stunning act of violence, a maze of conflicting evidence, and a parade of bizarre witnesses. But it is later, behind the closed door of the jury room, that he encounters the essence of the jury experience — he and eleven citizens from radically different backgrounds must hammer consensus out of confusion and strong disagreement. By the time he hands over the jury’s verdict, Burnett has undergone real transformation, not just in his attitude toward the legal system, but in his understanding of himself and his peers. Offering a compelling courtroom drama and an intimate and sometimes humorous portrait of a fractious jury, A Trial by Jury is also a finely nuanced examination of law and justice, personal responsibility and civic duty, and the dynamics of power and authority between twelve equal people.
This book explores why juries have declined in power and how the federal government and the states have taken the jury's authority.
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.
Offering an alternative view of the jury process, this book argues that each stage transforms ordinary citizens, who are oftentimes reluctant to serve on juries, into responsible jurors. Jurors, Nancy S. Marder argues, are not found, but rather they are made and shaped by the jury process. Analysing each stage of this process, from initial summons to post-verdict interview, this book shows how these stages equip jurors with experiences and knowledge that allow them to perform their new role ably. It adopts a holistic approach to the subject of jury reform and suggests reforms that will aid the transformation of citizens into jurors. By studying the jury from the perspective of jurors, it gives readers a better understanding of what takes place during jury trials and allows them to see juries, jurors, and the jury process in a new light.