We, the Jury

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: 3734

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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We, the jury

the jury system and the ideal of democracy

Author: Jeffrey B. Abramson

Publisher: Basic Books

ISBN: N.A

Category: Law

Page: 308

View: 9892

Explores the evolution of the jury system from colonial days to the present, debates fundamental questions about the jury system, and examines cases from American history to show how juries form an essential element of democracy
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We, the Jury

The Jury System and the Ideal of Democracy

Author: Jeffrey Abramson

Publisher: Basic Books

ISBN: 9780465091164

Category: Law

Page: 336

View: 2858

Explores the evolution of the jury system from colonial days to the present, debates fundamental questions about the jury system, and examines cases from American history to show how juries form an essential element of democracy
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Jury Decision Making

The State of the Science

Author: Dennis J. Devine

Publisher: NYU Press

ISBN: 0814725228

Category: Psychology

Page: 283

View: 8315

While jury decision making has received considerable attention from social scientists, there have been few efforts to systematically pull together all the pieces of this research. In Jury Decision Making Dennis J. Devine examines over 50 years of research on juries and offers a “big picture” overview of the field. The volume summarizes existing theories of jury decision making and identifies what we have learned about jury behavior, including the effects of specific courtroom practices, the nature of the trial, the characteristics of the participants, and the evidence itself. Making use of those foundations, Devine offers a new integrated theory of jury decision making that addresses both individual jurors and juries as a whole and discusses its ramifications for the courts. Providing a unique combination of broad scope, extensive coverage of the empirical research conducted over the last half century, and theory advancement, this accessible and engaging volume offers "one-stop shopping" for scholars, students, legal professionals, and those who simply wish to better understand how well the jury system works.
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American Juries

The Verdict

Author: Neil Vidmar,Valerie P. Hans

Publisher: Prometheus Books

ISBN: 1615929878

Category: Social Science

Page: 428

View: 4253

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.Neil Vidmar, PhD, (Durham, NC), is both the Russell M. Robinson II Professor of Law at Duke University School of Law and a professor of psychology at Duke University. He has published over 100 research articles and is the author, coauthor, or editor of four books including Hans and Vidmar's widely acclaimed Judging the Jury (1986), Medical Malpractice and the American Jury, and World Jury Systems (2000).Valerie P. Hans, PhD (Ithaca, NY), is Professor of Law at Cornell University. She has published more than ninety research papers and articles and is the author, coauthor or editor of five books including Business on Trial (2000); Judging the Jury (1986) and The Jury System (2006). She also serves on the editorial boards of major professional journals in the field of law and social science.
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Democratic Reason

Politics, Collective Intelligence, and the Rule of the Many

Author: Hélène Landemore

Publisher: Princeton University Press

ISBN: 0691155658

Category: Business & Economics

Page: 279

View: 7001

Individual decision making can often be wrong due to misinformation, impulses, or biases. Collective decision making, on the other hand, can be surprisingly accurate. In Democratic Reason, Hélène Landemore demonstrates that the very factors behind the superiority of collective decision making add up to a strong case for democracy. She shows that the processes and procedures of democratic decision making form a cognitive system that ensures that decisions taken by the many are more likely to be right than decisions taken by the few. Democracy as a form of government is therefore valuable not only because it is legitimate and just, but also because it is smart. Landemore considers how the argument plays out with respect to two main mechanisms of democratic politics: inclusive deliberation and majority rule. In deliberative settings, the truth-tracking properties of deliberation are enhanced more by inclusiveness than by individual competence. Landemore explores this idea in the contexts of representative democracy and the selection of representatives. She also discusses several models for the "wisdom of crowds" channeled by majority rule, examining the trade-offs between inclusiveness and individual competence in voting. When inclusive deliberation and majority rule are combined, they beat less inclusive methods, in which one person or a small group decide. Democratic Reason thus establishes the superiority of democracy as a way of making decisions for the common good.
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The Palladium of Justice

Origins of Trial by Jury

Author: Leonard Williams Levy

Publisher: Ivan R Dee

ISBN: N.A

Category: History

Page: 114

View: 7650

Levy skillfully traces the development of trial by jury.
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Deliberative Democracy

Author: Jon Elster

Publisher: Cambridge University Press

ISBN: 9780521596961

Category: Political Science

Page: 282

View: 3955

It is sometimes assumed that voting is the central mechanism for political decision making. The contributors to this volume focus on an alternative mechanism, which is decision by discussion or deliberation. This volume is characterized by a realistic approach to the issue of deliberative democracy. Rather than assuming that deliberative democracy is always ideal, the authors critically probe its limits and weaknesses as well as its strengths.
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Devil in the Grove

Thurgood Marshall, the Groveland Boys, and the Dawn of a New America

Author: Gilbert King

Publisher: Harper Collins

ISBN: 0062097717

Category: History

Page: 464

View: 5934

Devil in the Grove, winner of the Pulitzer Prize for general nonfiction, is a gripping true story of racism, murder, rape, and the law. It brings to light one of the most dramatic court cases in American history, and offers a rare and revealing portrait of Thurgood Marshall that the world has never seen before. As Isabel Wilkerson’s The Warmth of Other Suns did for the story of America’s black migration, Gilbert King’s Devil in the Grove does for this great untold story of American legal history, a dangerous and uncertain case from the days immediately before Brown v. Board of Education in which the young civil rights attorney Marshall risked his life to defend a boy slated for the electric chair—saving him, against all odds, from being sentenced to death for a crime he did not commit.
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Restoration of the Republic

The Jeffersonian Ideal in 21st-Century America

Author: Gary Hart

Publisher: Oxford University Press

ISBN: 9780195348194

Category: Political Science

Page: 304

View: 7752

Rarely does scholarship anticipate the most dramatic events of the moment. In this timely work Gary Hart does just that, arguing for the restoration of republican virtues and for homeland security as an important first step. The American democratic republic has from its founding been a paradoxical success. Simultaneously attached to state and national power, citizens' rights and citizens' duties, American democracy has uniquely turned its reliance on consent from the governed into a powerful governing of the consenting. In a remarkable political feat, America's founders combined mixed government, the language of popular sovereignty and a self-conscious emphasis on checks and balances to forge a republic that has weathered the test of time. The complex realities of the twenty-first century, however, have fundamentally challenged the underpinnings of this enduring American experiment, repeatedly exposing the tensions at the heart of America's mixed system of government. What then is the nature of an American republic in an age of democracy? How can the democratic values of social justice and equality be balanced with republican values of civic duty and popular sovereignty? Bringing to light a long-neglected aspect of Thomas Jefferson's political philosophy--the "ward republic"--Gary Hart here offers a wholly original blueprint for republican restoration in which every citizen can participate democratically in the governing of his or her own life. Of crucial relevance for contemporary society, including its startlingly prescient plan for homeland security, Restoration of the Republic provides original insights into issues of national urgency as well as the timeless questions that bedevil the American democratic experiment.
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Japan and Civil Jury Trials

The Convergence of Forces

Author: Matthew J. Wilson,Hiroshi Fukurai,Takashi Maruta

Publisher: Edward Elgar Publishing

ISBN: 1783479191

Category: Law

Page: 208

View: 354

With effective solutions in both criminal and civil disputes at a premium, reformers have advanced varied forms of jury systems as a means of fostering positive political, economic, and social change. Many countries have recently integrated lay partici
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Against Democracy

New Preface

Author: Jason Brennan

Publisher: Princeton University Press

ISBN: 1400888395

Category: Philosophy

Page: 312

View: 8336

Most people believe democracy is a uniquely just form of government. They believe people have the right to an equal share of political power. And they believe that political participation is good for us—it empowers us, helps us get what we want, and tends to make us smarter, more virtuous, and more caring for one another. These are some of our most cherished ideas about democracy. But Jason Brennan says they are all wrong. In this trenchant book, Brennan argues that democracy should be judged by its results—and the results are not good enough. Just as defendants have a right to a fair trial, citizens have a right to competent government. But democracy is the rule of the ignorant and the irrational, and it all too often falls short. Furthermore, no one has a fundamental right to any share of political power, and exercising political power does most of us little good. On the contrary, a wide range of social science research shows that political participation and democratic deliberation actually tend to make people worse—more irrational, biased, and mean. Given this grim picture, Brennan argues that a new system of government—epistocracy, the rule of the knowledgeable—may be better than democracy, and that it's time to experiment and find out. A challenging critique of democracy and the first sustained defense of the rule of the knowledgeable, Against Democracy is essential reading for scholars and students of politics across the disciplines. Featuring a new preface that situates the book within the current political climate and discusses other alternatives beyond epistocracy, Against Democracy is a challenging critique of democracy and the first sustained defense of the rule of the knowledgeable.
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The Jury

Trial and Error in the American Courtroom

Author: Stephen J. Adler

Publisher: Crown Publishing Group (NY)

ISBN: N.A

Category: Jury

Page: 285

View: 1059

Argues that the American jury system produces inconsistent and, sometimes, illogical verdicts, looks at seven actual cases, and suggests ways to improve the jury system
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Madison's Music

On Reading the First Amendment

Author: Burt Neuborne

Publisher: New Press, The

ISBN: 1620970538

Category: Law

Page: 272

View: 9599

Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires.
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The Life and Death of Democracy

Author: John Keane

Publisher: Simon and Schuster

ISBN: 1847377602

Category: History

Page: 992

View: 2688

John Keane's The Life and Death of Democracy will inspire and shock its readers. Presenting the first grand history of democracy for well over a century, it poses along the way some tough and timely questions: can we really be sure that democracy had its origins in ancient Greece? How did democratic ideals and institutions come to have the shape they do today? Given all the recent fanfare about democracy promotion, why are many people now gripped by the feeling that a bad moon is rising over all the world's democracies? Do they indeed have a future? Or is perhaps democracy fated to melt away, along with our polar ice caps? The work of one of Britain's leading political writers, this is no mere antiquarian history. Stylishly written, this superb book confronts its readers with an entirely fresh and irreverent look at the past, present and future of democracy. It unearths the beginnings of such precious institutions and ideals as government by public assembly, votes for women, the secret ballot, trial by jury and press freedom. It tracks the changing, hotly disputed meanings of democracy and describes quite a few of the extraordinary characters, many of them long forgotten, who dedicated their lives to building or defending democracy. And it explains why democracy is still potentially the best form of government on earth -- and why democracies everywhere are sleepwalking their way into deep trouble.
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Disputes and Democracy

The Consequences of Litigation in Ancient Athens

Author: Steven Johnstone

Publisher: University of Texas Press

ISBN: 029278855X

Category: History

Page: 223

View: 8116

Athenians performed democracy daily in their law courts. Without lawyers or judges, private citizens, acting as accusers and defendants, argued their own cases directly to juries composed typically of 201 to 501 jurors, who voted on a verdict without deliberation. This legal system strengthened and perpetuated democracy as Athenians understood it, for it emphasized the ideological equality of all (male) citizens and the hierarchy that placed them above women, children, and slaves. This study uses Athenian court speeches to trace the consequences for both disputants and society of individuals' decisions to turn their quarrels into legal cases. Steven Johnstone describes the rhetorical strategies that prosecutors and defendants used to persuade juries and shows how these strategies reveal both the problems and the possibilities of language in the Athenian courts. He argues that Athenian "law" had no objective existence outside the courts and was, therefore, itself inherently rhetorical. This daring new interpretation advances an understanding of Athenian democracy that is not narrowly political, but rather links power to the practices of a particular institution.
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Democracy Defined

The Manifesto

Author: Kenn D'Oudney

Publisher: Scorpio Recording Company (Publishing) Limited

ISBN: 9781902848266

Category:

Page: N.A

View: 5793

NEW EDITION AUGMENTED WITH TEXT OF THE RESTORATION AMENDMENT SO, YOU THINK YOU KNOW WHAT 'DEMOCRACY' MEANS? The word 'democracy' is widely abused and 'defined' incorrectly. This eye-opening book explains exactly what the word democracy really implies. It demonstrates just how illegal the current situation is, adversely affecting the lives and livelihood of nearly all men and women today. DEMOCRACY DEFINED has been comprehensively researched and sheds light on how the repression of definitive democracy leads to a variety of far-reaching adverse effects, including political assassinations; fraudulent banking practices; and the unconstitutional denial of national issuance of interest-free currency and credit. The book also exposes the aetiology of anti-Semitism. SEE BACK COVER for REVIEWS of the essays on which this book is based. This book gives citizens all the facts they require to appreciate how and why the current system is wrong and sets out what We the People can do to rectify it. The contents of DEMOCRACY DEFINED: The Manifesto are enriched by the fascinating quoted wisdom and words of great minds - Churchill, Gibbon, Hale, Hallam, Hume, Blackstone, Crabbe, Millar, Mackintosh, Gilbert, Palgrave, Coke et al., chief justices, judges, Benjamin Franklin, Presidents Kennedy, Roosevelt, Adams, Jefferson, Madison, Washington, Lincoln. This extensively researched book is enlightening - it reveals in irrefutable detail how far the modern political establishment and justice system have strayed from the prescribed lawful modus operandi. While establishing evidence for the legal case against governments' statism, THE MANIFESTO also gives readers inspiration and hope by showing how it is easily possible to reverse the decline and make mankind's ideal society achievable: the best of all possible worlds. "
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Why Socrates Died

Dispelling the Myths

Author: Robin Waterfield

Publisher: Emblem Editions

ISBN: 9780771088636

Category: History

Page: 280

View: 2798

A revisionist account of the most famous trial and execution in Western civilization — one with great resonance for modern society In the spring of 399 BCE, the elderly philosopher Socrates stood trial in his native Athens. The court was packed, and after being found guilty by his peers, Socrates died by drinking a cup of poison hemlock, his execution a defining moment in ancient civilization. Yet time has transmuted the facts into a fable. Aware of these myths, Robin Waterfield has examined the actual Greek sources, presenting a new Socrates, not an atheist or guru of a weird sect, but a deeply moral thinker, whose convictions stood in stark relief to those of his former disciple, Alcibiades, the hawkish and self-serving military leader. Refusing to surrender his beliefs even in the face of death, Socrates, as Waterfield reveals, was determined to save a morally decayed country that was tearing itself apart. Why Socrates Died is then not only a powerful revisionist book, but a work whose insights translate clearly from ancient Athens to the present day.
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The Alchemists

Questioning our Faith in Courts as Democracy-Builders

Author: Tom Gerald Daly

Publisher: Cambridge University Press

ISBN: 1108287190

Category: Law

Page: N.A

View: 4172

Can courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.
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