Trial By Jury

Autor: James Oldham
Publisher: NYU Press
ISBN: 0814762042
File Size: 58,56 MB
Format: PDF
Read: 2009
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While the right to be judged by one's peers in a court of law appears to be a hallmark of American law, protected in civil cases by the Seventh Amendment to the Constitution, the civil jury is actually an import from England. Legal historian James Oldham assembles a mix of his signature essays and new work on the history of jury trial, tracing how trial by jury was transplanted to America and preserved in the Constitution. Trial by Jury begins with a rigorous examination of English civil jury practices in the late eighteenth century, including how judges determined one's right to trial by jury and who composed the jury. Oldham then considers the extensive historical use of a variety of “special juries,” such as juries of merchants for commercial cases and juries of women for claims of pregnancy. Special juries were used for centuries in both English and American law, although they are now considered antithetical to the idea that American juries should be drawn from jury pools that reflect reasonable cross-sections of their communities. An introductory overview addresses the relevance of Anglo-American legal tradition and history in understanding America's modern jury system.

American Juries

Autor: Neil Vidmar
Publisher: Prometheus Books
ISBN: 1615929878
File Size: 61,68 MB
Format: PDF, Kindle
Read: 4073
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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.

The Seventh Amendment

Autor: Kathy Furgang
Publisher: The Rosen Publishing Group
ISBN: 1448823285
File Size: 54,30 MB
Format: PDF, Kindle
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Looks at the Seventh Amendment to the U.S. constitution, examining the state of the world before it was passed, how it came to be passed, and how the right to a jury trial has been handled over the years.

The Missing American Jury

Autor: Suja A. Thomas
Publisher: Cambridge University Press
ISBN: 1316666565
File Size: 53,38 MB
Format: PDF, ePub
Read: 2377
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Criminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in the Constitution, juries have been robbed of their power by the federal government and the states. For example, leveraging harsher criminal penalties, executive officials have forced criminal defendants into plea bargains, eliminating juries. Capping money awards, legislatures have stripped juries of their power to fix damages. Ordering summary judgment, judges dispose of civil cases without sending them to a jury. This is not what the founders intended. Examining the Constitution's text and historical sources, the book explores how the jury's authority has been taken and how it can be restored to its rightful, co-equal position as a 'branch' of government. Discussing the value of juries beyond the Constitution's requirements, the book also discusses the significance of juries world-wide and argues jury decision-making should be preferred over determinations by other governmental bodies.