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It is generally considered that the requirement of unanimity results in more hung juries than does the alternative system of requiring only a majority of jurors to agree on a verdict. What constitutes a majority differs between jurisdictions that have embraced the concept, and may also depend on the type of offence being tried. This Report examines arguments for and against preserving the unanimity rule.
If you've ever seen an episode of Law and Order, you can probably recite your Miranda rights by heart. But you likely don't know that these rights had their roots in the case of a young Chinese man accused of murdering three diplomats in Washington DC in 1919. A frantic search for clues and dogged interrogations by gumshoes erupted in sensational news and editorial coverage and intensified international pressure on the police to crack the case. Part murder mystery, part courtroom drama, and part landmark legal case, The Third Degree is the true story of a young man's abuse by the Washington police and an arduous, seven-year journey through the legal system that drew in Warren G. Harding, William Howard Taft, Oliver Wendell Holmes, John W. Davis, and J. Edgar Hoover. The ordeal culminated in a sweeping Supreme Court ruling penned by Justice Louis Brandeis that set the stage for the Miranda warning many years later. Scott D. Seligman argues that the importance of the case hinges not on the defendant's guilt or innocence but on the imperative that a system that presumes one is innocent until proven guilty provides protections against coerced confessions. Today, when the treatment of suspects between arrest and trial remains controversial, when bias against immigrants and minorities in law enforcement continues to deny them their rights, and when protecting individuals from compulsory self-incrimination is still an uphill battle, this century-old legal spellbinder is a cautionary tale that reminds us how we got where we are today and makes us wonder how far we have yet to go.
The compelling real-life story of the criminal investigation, indictment, and trial of Edgar Ray Killen, the preacher and former Ku Klux Klansman finally convicted in June 2005 for the deaths of three civil rights workers--forty-one years after their brutal murders. A stunning final chapter to the case immortalized in the movie Mississippi Burning.
Demonstrates how social norms and beliefs influence the outcomes in certain criminal cases.
An Atlantic Book of the Year and finalist for the Orwell Prize: a riveting true crime tale from the defense attorney who inspired John Grisham’s The Chamber Legendary criminal defense attorney Clive Stafford Smith has devoted his career to helping save penniless defendants from a justice system whose goal is not so much to find the right man as to get a conviction. Miami, 1986. Kris Maharaj is arrested, tried, and sentenced to death for the brutal murder of his ex–business partner, Derrick Moo Young, and Derrick’s son, Duane. Suspecting Kris may be innocent, as he claims, Stafford Smith begins his own investigation, which takes him from Miami to Nassau in the Bahamas to Colombia in search of the real killer. Interweaving the author’s inspiring personal story with a spellbinding page-turner, The Injustice System exposes our broken legal process—and drops a bombshell that should reopen a long-closed case.
A remnant of the racist post-Reconstruction Redeemer sociopolitical agenda, Louisiana’s nonunanimous jury-verdict law permitted juries to convict criminal defendants with only nine, and later ten, out of twelve votes: a legal oddity. On the surface, it was meant to speed convictions. In practice, the law funneled many convicts—especially African Americans—into Louisiana’s burgeoning convict lease system. Although it faced multiple legal challenges through the years, the law endured well after convict leasing had ended. Few were aware of its existence, let alone its original purpose. In fact, the original publication of Jim Crow’s Last Stand was one of the first attempts to call attention to the historical injustice caused by this law. This updated edition of Jim Crow’s Last Stand unpacks the origins of the statute in Bourbon Louisiana, traces its survival through the civil rights era, and ends with the successful effort to overturn the nonunanimous jury practice, a policy that officially went into effect on January 1, 2019.
A woman is on trial for her life, accused of murder. The 12 members of the jury each carry their own secret burden of guilt and prejudice which could affect the outcome. This book follows the trial through the eyes of the jurors as they hear the evidence and try to reach a unanimous verdict. Will they find the defendant guilty, or not guilty? And will the jurors' decision be the correct one?
"A powerful, revealing story of hope, love, justice, and the power of reading by a man who spent thirty years on death row for a crime he didn't commit"--
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.