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Justice, Democracy and the Jury by James Gobert Pdf
First published in 1997, this volume recognises that on trial in every criminal case heard by a jury is not only the defendant but the democratic premise that ordinary citizens are capable of sitting in judgement on that defendant. The jury is a quintessential democratic institution, the lay cog in a criminal justice machine dominated by lawyers, judges and police. Today, however, the jury finds itself under attack – on the right, for perverse verdicts, and, on the left, for miscarriages of justice. Justice, Democracy and the Jury is an attempt to place the jury within a historical, political and philosophical framework, and to analyse the decision-making processes at work on a jury. The book also examines whether the model of the jury can be adapted to other decision-making contexts and whether "citizens juries" can be used to revive a flagging democracy and to empower the people on issues of public concern.
Justice, Democracy and the Jury by James Gobert Pdf
First published in 1997, this volume recognises that on trial in every criminal case heard by a jury is not only the defendant but the democratic premise that ordinary citizens are capable of sitting in judgement on that defendant. The jury is a quintessential democratic institution, the lay cog in a criminal justice machine dominated by lawyers, judges and police. Today, however, the jury finds itself under attack - on the right, for perverse verdicts, and, on the left, for miscarriages of justice. Justice, Democracy and the Jury is an attempt to place the jury within a historical, political and philosophical framework, and to analyse the decision-making processes at work on a jury. The book also examines whether the model of the jury can be adapted to other decision-making contexts and whether "citizens juries" can be used to revive a flagging democracy and to empower the people on issues of public concern.
The Jury and Democracy by John Gastil,E. Pierre Deess,Philip J. Weiser,Cindy Simmons Pdf
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.
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.
Punishment, Participatory Democracy, and the Jury by Albert W. Dzur Pdf
Focusing democratic theory on the pressing issue of punishment, Punishment, Participatory Democracy, and the Jury argues for participatory institutional designs as antidotes to the American penal state. Citizen action in institutions like the jury and restorative justice programs can foster the attunement, reflectiveness, and full-bodied communication needed as foundations for widespread civic responsibility for criminal justice.
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.
Radical Enfranchisement in the Jury Room and Public Life by Sonali Chakravarti Pdf
Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.
Race and the Jury by Hiroshi Fukurai,Edgar W. Butler,Richard Krooth Pdf
In this timely volume, the authors provide a penetrating analysis of the institutional mechanisms perpetuating the related problems of minorities' disenfranchisement and their underrepresentation on juries.
Juries in the Japanese Legal System by Dimitri Vanoverbeke Pdf
Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.
Trial by Jury Its History, True Purpose and Modern Relevance by Kenn D'Oudney,Lysander Spooner Pdf
TRIAL BY JURY elucidates how U.S. and U.K. laws and statutes constitutionally emplace the Common Law Trial by Jury Justice System in perpetuity, not only to ascertain an accused persons innocence or guilt, but also definitively imposing on Jurors the Duty of nullifying prosecutions and laws by pronouncing the Not Guilty Verdict when the conviction or punishment of a citizen would be unjust according to the Juror's conscience. Quoting presidents, prime ministers, chief justices, judges, lawyers and learned writers and historians in support, this book shows how Jury Nullification is the only effective Safeguard of Democracy, protecting innocent citizens when the state breaches correct behaviour in attempting to enforce injustices. The pernicious calumny that England (or Britain) has "no constitution," is promulgated today by individuals of parliament and judiciary, to obscure their routine violation of the 35 times ratified Constitution by which they are bound. In the U.S. and U.K. nowadays the Trial by Jury is precluded by judges' illegal intervention to forbid jurors from judging on the justice of law. From this vile seed despotism is now extant in the U.S. and U.K. and visibly growing. This exposé explains how Justice Systems operate in fascist, communist and totalitarian tyrannies. It demonstrates that modern Western politicians have intervened to adopt the totalitarian system, rejecting the democratic Constitutional Justice System. It shows how the inherently illegal courts today infract correct due process, and that wherever this criminal activity occurs, it deserves denunciation and arraignment. Why would politicians and judiciary adopt such crime and tyranny? d'Oudney's and Spooner's exposition comprehends and reveals the massive but concealed corrupt money-motives behind governments and judiciaries unlawful interventions.TRIAL BY JURY explains how degenerate politicians' and judiciarys tampering of due process not only engenders appalling consequences to Justice, Liberty and Democracy, with innumerable cases of wrongful incarceration and penalisation of innocent citizens, but also results in the social vortex of crime, violence, misery and strife which pervade society today. This books facts and philosophy publicly indict today's politicians, and provide the solution for societys most serious problems. The book TRIAL BY JURY gives readers hope by prescribing the remedies to societys ills, and setting out profound arguments which counter the abject shallow politics of present-day politicians and parties.
Democracy in the Courts examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place and the relation between lay participation and the legal system's legitimacy is analyzed. Presenting the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system, this book explores the ways in which judges and lay people interact while trying cases, examining the characteristics of both professional and lay judging of cases. Providing an important analysis of practice, this book will be of interest to academics, legal scholars and practitioners alike.
The Cambridge Handbook of Deliberative Constitutionalism by Ron Levy,Hoi Kong,Graeme Orr,Jeff King Pdf
Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.
Author : Thomas M. Melsheimer,Craig Smith Publisher : University of North Texas Press Page : 288 pages File Size : 44,7 Mb Release : 2017-10-15 Category : Law ISBN : 9781574417098
On the Jury Trial by Thomas M. Melsheimer,Craig Smith Pdf
Two outstanding Texas trial lawyers—one of whom is now an equally respected district judge—have written On the Jury Trial, a “must have” reference for any trial lawyer aspiring to excellence or seeking to maintain it. Thomas M. Melsheimer and Judge Craig Smith have crafted a narrative-driven advice guide for trial lawyers to hone their craft. Chapter topics include voir dire, opening statement, preparing witnesses, cross examination, using exhibits, closing argument, jury research, and more, with excellent examples and “do’s and don’ts” provided throughout. Think of this book as the senior law partner’s memo to associates on how to really try a case. Looking for fly-on-the-wall insight into world-class trial preparation and strategy? Here it is. A behind-the-scenes tour of the inner workings of the judicial process? This book has you covered. Its combination of advice, illustration, and commentary is every bit as valuable as it is unique. Every litigator should have this book on the shelf, no matter the state in which they practice. The jury trial is a critical component of our democratic society, and its use in civil cases is unique to the United States. It is truly an example of our participatory democracy in action, and yet the jury trial is under attack from all sides, most notably from special interest groups who seek to have more cases decided by individual judges or by arbitration. These efforts have resulted in a decline of civil jury trials all over the country. A decline in the jury trial is a decline in justice. To preserve the jury trial, we must preserve the skills of trying a case effectively and efficiently. On the Jury Trial, in no small way, will add significantly to that effort.
Democracy, Law, and Justice, Grades 5 - 8 by Daniel S. Campagna,Ann Beauchamp Campagna Pdf
Bring the judge and jury into the classroom using Democracy, Law, and Justice for grades 5 and up! This 80-page book covers topics such as citizen rights, civil law, the judicial process, juvenile justice, the Salem witch trials, and the FBI. The book presents and reinforces information through captivating reading passages and a variety of activities and worksheets. It also includes a complete answer key and reproducibles.