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: 3977

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.

The Jury and Democracy

How Jury Deliberation Promotes Civic Engagement and Political Participation

Author: John Gastil,E. Pierre Deess,Philip J. Weiser,Cindy Simmons

Publisher: Oxford University Press

ISBN: 0199888531

Category: Political Science

Page: 288

View: 2527

Alexis de Tocqueville, John Stuart Mill, and the U.S. Supreme Court have all alleged that jury service promotes civic and political engagement, yet none could prove it. Finally, The Jury and Democracy provides compelling systematic evidence to support this view. Drawing from in-depth interviews, thousands of juror surveys, and court and voting records from across the United States, the authors show that serving on a jury can trigger changes in how citizens view themselves, their peers, and their government--and can even significantly increase electoral turnout among infrequent voters. Jury service also sparks long-term shifts in media use, political action, and community involvement. In an era when involved Americans are searching for ways to inspire their fellow citizens, The Jury and Democracy offers a plausible and realistic path for turning passive spectators into active political participants.

The Jury in Lincoln’s America

Author: Stacy Pratt McDermott

Publisher: Ohio University Press

ISBN: 0821444298

Category: Law

Page: 272

View: 2643

In the antebellum Midwest, Americans looked to the law, and specifically to the jury, to navigate the uncertain terrain of a rapidly changing society. During this formative era of American law, the jury served as the most visible connector between law and society. Through an analysis of the composition of grand and trial juries and an examination of their courtroom experiences, Stacy Pratt McDermott demonstrates how central the law was for people who lived in Abraham Lincoln’s America. McDermott focuses on the status of the jury as a democratic institution as well as on the status of those who served as jurors. According to the 1860 census, the juries in Springfield and Sangamon County, Illinois, comprised an ethnically and racially diverse population of settlers from northern and southern states, representing both urban and rural mid-nineteenth-century America. It was in these counties that Lincoln developed his law practice, handling more than 5,200 cases in a legal career that spanned nearly twenty-five years. Drawing from a rich collection of legal records, docket books, county histories, and surviving newspapers, McDermott reveals the enormous power jurors wielded over the litigants and the character of their communities.

Rape and the Culture of the Courtroom

Author: Andrew E. Taslitz

Publisher: NYU Press

ISBN: 9780814782293

Category: Law

Page: 210

View: 5681

Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom, Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom. Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman "asking for it," are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients. Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases.

Murder and the Reasonable Man

Passion and Fear in the Criminal Courtroom

Author: Cynthia Lee

Publisher: NYU Press

ISBN: 0814765149

Category: Law

Page: 371

View: 7492

A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.

Encyclopedia of Criminal Justice Ethics

Author: Bruce A. Arrigo

Publisher: SAGE Publications

ISBN: 1483389790

Category: Social Science

Page: 1216

View: 3272

Federal, state, county, and municipal police forces all have their own codes of conduct, yet the ethics of being a police officer remain perplexing and are often difficult to apply in dynamic situations. The police misconduct statistics are staggering and indicate that excessive use of force comprises almost a quarter of misconduct cases, with sexual harassment, fraud/theft, and false arrest being the next most prevalent factors. The ethical issues and dilemmas in criminal justice also reach deep into the legal professions, the structure and administration of justice in society, and the personal characteristics of those in the criminal justice professions. The Encyclopedia of Criminal Justice Ethics includes A to Z entries by experts in the field that explore the scope of ethical decision making and behaviors within the spheres of criminal justice systems, including policing, corrections, courts, forensic science, and policy analysis and research. This two-volume set is available in both print and electronic formats. Features: Entries are authored and signed by experts in the field and conclude with references and further readings, as well as cross references to related entries that guide readers to the next steps in their research journeys. A Reader's Guide groups related entries by broad topic areas and themes, making it easy for readers to quickly identify related entries. A Chronology highlights the development of the field and places material into historical context; a Glossary defines key terms from the fields of law and ethics; and a Resource Guide provides lists of classic books, academic journals, websites and associations focused on criminal justice ethics. Reports and statistics from such sources as the FBI, the United Nations, and the International Criminal Court are included in an appendix. In the electronic version, the Reader's Guide, index, and cross references combine to provide effective search-and-browse capabilities. The Encyclopedia of Criminal Justice Ethics provides a general, non-technical yet comprehensive resource for students who wish to understand the complexities of criminal justice ethics.

Understanding World Jury Systems Through Social Psychological Research

Author: Martin F. Kaplan,Ana M. Martín

Publisher: Psychology Press

ISBN: 1134953054

Category: Psychology

Page: 240

View: 5906

This volume examines diverse jury systems in nations around the world. These systems are marked by unique features having critical implications for jury selection, composition, functioning, processes, and ultimately, trial outcomes. These unique features are examined by applying relevant social psychological research, models and concepts to the central issues and characteristics of jury systems in those nations using a wide variety of jury procedures. Traditionally, research that has been conducted on juries has almost exclusively targeted the North-American jury. Psychologically-based research on European, Asian and Australian juries has been almost non-existent in the past decade or more. Yet, the incidence of jury trials outside of North America has been steadily increasing as more nations (e.g., Japan, Spain, Russia, and Poland) adopt, revise, or expand their use of juries in their legal system. Accordingly, research has been appearing in the scientific literature on new developments in world juries (particularly in Spain, Japan, and Australia). This volume fulfils the dual purpose of understanding the diverse practices in world juries in light of existing social psychological knowledge and applied research on juries in each nation, and outlining new research in the context of the issues raised by jury practices beyond those of North America.

Understanding the Law

A Primer

Author: Attorney Charles Jerome Ware

Publisher: iUniverse

ISBN: 1440111456

Category: Law

Page: 268

View: 5224

The attorney-client relationship is one of the most important and delicate relationships in all of legaldom (if there is such a word). Lawyers cannot exist without clients. With rare exceptions, clients cannot make it without lawyers. The foundation of the attorney-client relationship is trust. Without the element of trust between the client and the attorney, the relationship simply will not work out. I am reminded of the story about the man who hated to worry about anything and went looking for a surrogate worrier. He approached a lawyer about the issue and said: Potential client: "I would like to retain your services. I'll give a thousand dollars if you will do the worrying for me." Lawyer: "That's fine. I'll do it. Now where's the thousand dollars?" Potential client: "That's your first worry." Trust works both ways in an attorney-client relationship. In order for an attorney to help the client, the attorney needs to know everything about the client's problem or issue. Most clients do not understand that, or simply ignore this point. In any event, few clients abide by it. To encourage clients to speak freely and reveal all to their lawyer concerning their problem or issue, the law grants an absolute attorney-client privilege. Whatever the client tells the lawyer about his or her case is secret and strictly confidential. Only with the client's expressed permission can the attorney reveal this secret and confidential information.

The Trial on Trial: Volume 3

Towards a Normative Theory of the Criminal Trial

Author: R A Duff,Lindsay Farmer,Sandra Marshall,Victor Tadros

Publisher: Bloomsbury Publishing

ISBN: 1847313884

Category: Law

Page: 352

View: 6554

The criminal trial is under attack. Traditional principles have been challenged or eroded; in England and Wales the right to trial by jury has been restricted and rules concerning bad character evidence, double jeopardy and the right to silence have been substantially altered to "rebalance" the system in favour of victims. In the pursuit of security, particularly from terrorism, the right to a fair trial has been denied to some altogether. In fact trials have for a long time been an infrequent occurrence, most criminal convictions being the consequence of a guilty plea. Moreover, while this very public struggle over the future of the criminal trial is conducted, there is also a less publicly observed controversy about the significance of trials in modern society. Trials are under normative attack, their value being doubted by those who seek different kinds of process - conciliatory or restorative - to address the needs of victims and move away from the imposition of state power through trials and punishments. This book seeks to develop a normative theory of the criminal trial as a way of defending the importance of trials in our criminal justice system. The trial, it is suggested, calls defendants to answer a charge and, if they are criminally responsible, to account for their conduct. The trial is seen as a communicative process through which the defendant can challenge claims of wrongdoing made against him, including the norms in the light of which those claims are made. The book develops this communicative theory by first making a careful study of the history of trials, before moving on to outline the theory, which is then developed through chapters looking at the practices and principles of trials, alternative regulatory models, the roles of participants, the relationship between investigation and trial and trials as public fora.

Prove It with Figures

Empirical Methods in Law and Litigation

Author: Hans Zeisel,David Kaye

Publisher: Springer Science & Business Media

ISBN: 9780387948928

Category: Law

Page: 353

View: 8606

This book presents statistical and social science research methods for lawyers and students of the law. Hans Zeisel's studies represent the blending of the best of European and American sociology, psychology, and other social sciences with jurisprudence. David Kaye picks up Zeisel's torch of statistically-based factfindindg, illuminating the latest developments in the field of legal statistics.

Law and Society

An Introduction

Author: Steven E. Barkan

Publisher: Routledge

ISBN: 1317346874

Category: Social Science

Page: 352

View: 6522

Law and Society is written to be highly accessible to the average undergraduate student. This multidisciplinary text draws on the work of anthropologists, historians, law professors, political scientists, psychologists, and sociologists to clearly outline how law is an essential social institution that shapes society, while also being shaped by it.

Manifest Destinies

The Making of the Mexican American Race

Author: Laura E. Gómez

Publisher: NYU Press

ISBN: 9780814732038

Category: History

Page: 243

View: 9279

Watch the Author Interview on KNME In both the historic record and the popular imagination, the story of nineteenth-century westward expansion in America has been characterized by notions of annexation rather than colonialism, of opening rather than conquering, and of settling unpopulated lands rather than displacing existing populations. Using the territory that is now New Mexico as a case study, Manifest Destinies traces the origins of Mexican Americans as a racial group in the United States, paying particular attention to shifting meanings of race and law in the nineteenth century. Laura E. Gómez explores the central paradox of Mexican American racial status as entailing the law's designation of Mexican Americans as &#“white” and their simultaneous social position as non-white in American society. She tells a neglected story of conflict, conquest, cooperation, and competition among Mexicans, Indians, and Euro-Americans, the region’s three main populations who were the key architects and victims of the laws that dictated what one’s race was and how people would be treated by the law according to one’s race. Gómez’s path breaking work—spanning the disciplines of law, history, and sociology—reveals how the construction of Mexicans as an American racial group proved central to the larger process of restructuring the American racial order from the Mexican War (1846–48) to the early twentieth century. The emphasis on white-over-black relations during this period has obscured the significant role played by the doctrine of Manifest Destiny and the colonization of northern Mexico in the racial subordination of black Americans.

State and Local Politics

Author: David Berman

Publisher: Routledge

ISBN: 1317459431

Category: Political Science

Page: 510

View: 4553

Politics at the state and local level has never been more interesting than in our "devolutionary" age. This popular text is the most concise, readable, and current introduction to the field. Now in its ninth edition, the book keeps its focus on the varied and changing political and economic environments in which state and local governments function, and their strengths and weaknesses in key areas of public policy. The text is enlivened by boxed sections that relate individual experiences or highlight particular issues and developments. Topics covered in this edition include the drive toward devolution in the federal system; fiscal constraints; political accountability; affirmative action; majority-minority districts; and changing approaches to welfare, education, land use, and law enforcement.

The American Jury on Trial

Psychological Perspectives

Author: Saul M. Kassin,Lawrence S. Wrightsman

Publisher: Taylor & Francis

ISBN: 9780891168560

Category: Law

Page: 232

View: 3936

First Published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.

Die Reform des chinesischen Beweisrechts vor dem Hintergrund deutscher und US-amerikanischer Regelungsmodelle

Author: Mei Wu

Publisher: Peter Lang

ISBN: 9783631602300

Category: Law

Page: 322

View: 8441

Bei der Reform des chinesischen Rechtssystems spielt die Modernisierung des Zivilverfahrens eine zentrale Rolle. Auch hier ist der Liberalisierungsdruck gestiegen. Als Referenzrahmen fur eine Rezeption zieht der chinesische Reformgesetzgeber vor allem auch US-amerikanische und deutsche Regelungsmodelle in Betracht: Prototypen des kontinentaleuropaischen Rechts einerseits und des Common Law andererseits. Die Autorin untersucht die Moglichkeiten und Grenzen einer gemischten Rezeption westlichen Beweisrechts in China. Sie pladiert fur eine reflektierte Ubernahme, die jeweils den chinesischen Besonderheiten Rechnung tragt. Die rechtsvergleichend angelegte Arbeit entwickelt fur alle systempragenden Institute des Beweisrechts Losungen, die sowohl den aktuellen Bedurfnissen als auch den Besonderheiten der chinesischen Kultur und Rechtsordnung gerecht zu werden suchen."

Tocqueville and the Frontiers of Democracy

Author: Richard Boyd,Ewa Atanassow

Publisher: Cambridge University Press

ISBN: 1107009634

Category: Philosophy

Page: 375

View: 9693

Alexis de Tocqueville is widely cited as an authority on civil society, religion, and American political culture, yet his thoughts on democratization outside the West and the challenges of a globalizing age are less known and often misunderstood. This collection of essays by a distinguished group of international scholars explores Tocqueville's vision of democracy in Asia and the Middle East; the relationship between globalization and democracy; colonialism, Islam, and Hinduism; and the ethics of international relations. Rather than simply documenting Tocqueville's own thoughts, the volume applies the Frenchman's insights to enduring dilemmas of democratization and cross-cultural exchanges in the twenty-first century. This is one of the few books to shift the focus of Tocqueville studies away from America and Western Europe, expanding the frontiers of democracy and highlighting the international dimensions of Tocqueville's political thought.

A Crime of Self-Defense

Bernhard Goetz and the Law on Trial

Author: George P. Fletcher

Publisher: University of Chicago Press

ISBN: 9780226253343

Category: Law

Page: 272

View: 6736

Legal expert George Fletcher uses the celebrated trial of New York's "Subway Vigilante", Bernhard Goetz, as a springboard to probe the profound relationship between this defensive action, the public's understanding of it, and the court's interpretation of it according to the law.

Complete the American Revolution!

What 9-11, Corporate Scandal and the 2000 Presidential Election Have in Common and what We Can Do about it

Author: Albert Piacente

Publisher: University Press of America

ISBN: 9780761829010

Category: Political Science

Page: 189

View: 1840

This book attempts to lay bare the unhappy marriage between democracy and paternalism, and presents a new and mostly historical case for furthering the democratic experiment in the United States. This case leans heavily on recent historical events, but it also relies on insights derived from the founders of the American Nation and less on the statistical sort of arguments often employed by social scientists and journalists. For additional information, visit http: //realdemocracy.typepad.com/blog/.

Politikberatung und Parlament

Author: Mark B. Brown,Justus Lentsch,Peter Weingart

Publisher: N.A

ISBN: 9783938094006

Category: Germany

Page: 174

View: 3178

Politik ist auf wissenschaftliche Beratung angewiesen - nicht nur um gute Entscheidungen zu treffen, sondern auch um ihre Entscheidungen gegenüber der Öffentlichkeit zu legitimieren. Gerade in Bezug auf die Legislative stellt das Legitimationsproblem die zentrale Herausforderung für die Integration wissenschaftlicher Beratung in die demokratische Gestaltung von Politik dar. In der Geschichte der Bundesrepublik hat das Parlament gegenüber der Regierung jedoch erst mit einiger zeitlicher Verzögerung eine eigenständige und regierungsunabhängige Beratungsstruktur aufgebaut und institutionell etabliert. Gegenstand dieses Buches ist eine politiktheoretische Einordnung der verschiedenen Formen von Politikberatung des Parlaments in Deutschland und wie sie sich in das Netzwerk bestehender politischer Institutionen fügen.