A Trial by Jury

Author: D. Graham Burnett

Publisher: Vintage

ISBN: 0375414258

Category: Political Science

Page: 208

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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. From the Trade Paperback edition.

History of Trial by Jury

Author: William Forsyth,Appleton Morgan

Publisher: The Lawbook Exchange, Ltd.

ISBN: 0963010689

Category: Law

Page: 388

View: 652

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Origins of the English Jury. Originally published: Jersey City: Frederick D. Linn, [1875]. x, 388 pp. First published in England in 1852, Forsyth's History of Trial by Jury is the first full-scale historical account of the rise and growth of the jury system in England. Highly regarded, this book went through 37 editions. The first American edition, the source of this reprint, adds a number of notes and corrections to American references in previous editions. "An excellent summary of the opinions of leading legal writers as well as conventional historians regarding the origins of trial by jury was set forth by an Englishman, William Forsyth, in his excellent book entitled History of Trial by Jury. (. . .) Various writers, according to Forsyth, attribute the origin of the English jury to a recognition of the principle that no man ought to be condemned except by the voice of his fellow citizens. Forsyth committed himself to the belief that trial by jury did not owe its existence to any positive law, that it was not created by any Act of Parliament, but grew out of usages and customs of society that eventually passed away. Forsyth concluded his observations by saying that "the jury does not owe its existence to any preconceived theory of jurisprudence, but that it gradually grew out of forms previously in use and was composed of elements long familiar to the people in general." -- Robert H. White, 29 Tennessee Law Review 29 (1961-1962) 14 William Forsyth [1812-1899] was an English lawyer and author of many works on law and literature, including The History of Lawyers (1849).

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: 9023

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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.

Thomas More's Trial by Jury

A Procedural and Legal Review with a Collection of Documents

Author: Henry Ansgar Kelly,Louis W. Karlin,Louis J. Karlin,Gerard Wegemer

Publisher: Boydell & Brewer Ltd

ISBN: 1843836297

Category: Law

Page: 240

View: 2103

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This book challenges the recently established consensus that the trial was a carefully prepared and executed judicial process in which the judges were amenable to reasonable arguments.

Trial by Jury

The Seventh Amendment and Anglo-American Special Juries

Author: James Oldham

Publisher: NYU Press

ISBN: 0814762042

Category: Law

Page: 355

View: 7930

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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.

The Right to a Trial by Jury

Author: Robert Winters

Publisher: N.A

ISBN: 9780737719376

Category: Juvenile Nonfiction

Page: 142

View: 2232

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Discusses the history of the right to a trial by jury, offering court cases and essays to explore different points of view on the issue.

Why Jury Duty Matters

A Citizen's Guide to Constitutional Action

Author: Andrew G. Ferguson

Publisher: NYU Press

ISBN: 0814729037

Category: Law

Page: 234

View: 4572

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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.

Masters of All They Surveyed

Exploration, Geography, and a British El Dorado

Author: D. Graham Burnett

Publisher: University of Chicago Press

ISBN: 9780226081212

Category: History

Page: 314

View: 7754

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Chronicling the British pursuit of the legendary El Dorado, Masters of All They Surveyed tells the fascinating story of geography, cartography, and scientific exploration in Britain's unique South American colony, Guyana. How did nineteenth-century Europeans turn areas they called terra incognita into bounded colonial territories? How did a tender-footed gentleman, predisposed to seasickness (and unable to swim), make his way up churning rivers into thick jungle, arid savanna, and forbidding mountain ranges, survive for the better part of a decade, and emerge with a map? What did that map mean? In answering these questions, D. Graham Burnett brings to light the work of several such explorers, particularly Sir Robert H. Schomburgk, the man who claimed to be the first to reach the site of Ralegh's El Dorado. Commissioned by the Royal Geographical Society and later by the British Crown, Schomburgk explored and mapped regions in modern Brazil, Venezuela, and Guyana, always in close contact with Amerindian communities. Drawing heavily on the maps, reports, and letters that Schomburgk sent back to England, and especially on the luxuriant images of survey landmarks in his Twelve Views in the Interior of Guiana (reproduced in color in this book), Burnett shows how a vast network of traverse surveys, illustrations, and travel narratives not only laid out the official boundaries of British Guiana but also marked out a symbolic landscape that fired the British imperial imagination. Engagingly written and beautifully illustrated, Masters of All They Surveyed will interest anyone who wants to understand the histories of colonialism and science.

The Missing American Jury

Author: Suja A. Thomas

Publisher: Cambridge University Press

ISBN: 1107055652

Category: Law

Page: 262

View: 4485

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Explores why juries have declined in power and how the federal government and the states have taken the jury's authority.

Trial by Journal

Author: Kate Klise

Publisher: Perfection Learning

ISBN: 9780756916848

Category: Juvenile Fiction

Page: 238

View: 5499

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Lily Watson is serving on the jury for the trial of a man accused of killing Lily's classmate, Perry Keet. There's something fishy about the case. Nobody has ever found Perry's body. Is he sending messages from beyond the grave? This funny mystery by the author of "Regarding the Fountain" is told through diaries, court documents, newspaper articles--and the paintings of a talented gorilla.

The Death of the American Trial (Large Print 16pt)

Author: Robert P. Burns

Publisher: ReadHowYouWant.com

ISBN: 1459605535

Category:

Page: 352

View: 6184

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The American trial looms large in our collective imagination - witness the enormous popularity of Law Order - but it is, in reality, almost extinct. In 2002, less than 2 percent of federal civil cases culminated in a trial, down from 12 percent forty years earlier. And the number of criminal trials also dropped dramatically, from 9 percent of cases in 1976 to only 3 percent in 2002. In The Death of the American Trial, distinguished legal scholar Robert P. Burns makes an impassioned case for reversing this rapid decline before we lose one of our public culture's greatest achievements. Burns begins by cutting through all-too-common misinformation about contemporary trials, reminding readers of its essential features and functions. These characteristics, he shows, resulted from a centuries-long process that brought trials to maturity only in the early twentieth century. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions - between idealism and reality, experts and citizens, contextual judgment and reliance on rules - that define American culture. Arguing that many observers make a grave mistake by taking a positive or even complacent view of the trial's demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance. As one federal judge put it, the jury is the ''canary in the mineshaft; if it goes, if our people lose their inherited right to do justice in court, other democratic institutions will lose breath too.'' The Death of the American Trial arrives not a second too soon to spark a rescue operation before trials are relegated to the purely fictional realm of televised drama.

Trial by jury

Author: Steven Brill

Publisher: N.A

ISBN: N.A

Category: Law

Page: 512

View: 6720

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Coverage is given on 16 important court cases related to social issues, such as mislabeling of products.

Mastering The Mechanics Of Civil Jury Trials

A Strategic Guide Outlining The Anatomy Of A Trial

Author: Tyler G. Draa,Doris Cheng,Maureen Harrington,Franklin E. Bondonno

Publisher: Balcony 7 Media and Publishing

ISBN: 1939454441

Category: Law

Page: 298

View: 6422

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Every case cited in this legacy law eBook is linked to the source and it also contains over 300 links to statutory authorities for all 50 states, making it suitable for a nationwide audience. These invaluable references are available at the touch of your fingertips as you prepare for, or learn about, critical strategies for key civil trial procedures. Mastering the Mechanics of Civil Jury Trials is THE eBook for law students, practicing attorneys, and all who are interested in law. Written by a veritable dream team of civil litigators, one a sitting judge, and all among the top-rated attorneys in the state of California, it’s endorsed by a Who’s Who of star attorneys, Bar associations, and universities due to the full color of real cases versus the black and white limitations of textbook study. Tyler G. Draa et al. are paying it forward with #LegacyLaw. The sequential mechanics of plaintiff or defendant representation is laid out clearly, with practice and planning in mind, gleaned from decades of real practice, including judicial comments throughout, covering: Reconnaissance; Pre-Trial Management; Voir Dire; Motions; Evidence; Cross and Direct Examination; Settlements; Arguments; and every step in between that should be but is not taught in law schools. Numerous legal references apply, enhanced by exhaustively comprehensive state-by-state Appendices listing statutory rulings covering important aspects of trial, including: Peremptory Challenges; Evidentiary Hearings; Jury Instructions; Computer Animation & Other Simulations; Statutes Mirroring CCP 776; and Impeaching Experts With Learned Treatises. In true pay-it-forward fashion, a portion of author proceeds are designated to continuing education organizations and charitable causes.

Confessions of a Criminal Lawyer

A Memoir

Author: Seymour Wishman

Publisher: Open Road Media

ISBN: 1480406066

Category: Biography & Autobiography

Page: 246

View: 5879

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A successful former defense attorney exposes the raw truth about the courtroom “game” and a career spent defending the guilty As an advocate for the accused in Newark, New Jersey, criminal lawyer Seymour Wishman defended a vast array of clients, from burglars and thieves to rapists and murderers. Many of them were poor and undereducated, and nearly all of them were guilty. But it was not Wishman’s duty to pass moral judgment on those he represented. His job was to convince a jury to set his clients free or, at the very least, to impose the most lenient punishment permissible by law. And he was very good at his job. Reveling in the adrenaline rush of “winning,” Wishman gave no thought to the ethical considerations of his daily dealings . . . until he was confronted on the street by a rape victim he had humiliated in the courtroom. A fascinating, no-holds-barred memoir of his years spent as “attorney for the damned,” Wishman’s Confessions of a Criminal Lawyer is a startling and important work—an eye-opening, thought-provoking examination of how the justice system works and how it should work—by an attorney who both defended and prosecuted those accused of the most horrific crimes.

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: 2459

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Levy skillfully traces the development of trial by jury.

A Treatise on Trial by Jury

Including Questions of Law and Fact : with an Introductory Chapter on the Origin and History of the Jury Trial

Author: John Proffatt

Publisher: San Francisco : S. Whitney

ISBN: N.A

Category: Jury

Page: 608

View: 406

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Seventh Amendment

The Right to a Trial by Jury

Author: Rich Smith

Publisher: ABDO

ISBN: 9781604531954

Category: Juvenile Nonfiction

Page: 32

View: 9482

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Discusses the Seventh Amendment, which allows Americans to have personal and business disputes be heard in a court of law and settled by a jury.

American Juries

The Verdict

Author: Neil Vidmar,Valerie P. Hans

Publisher: Prometheus Books

ISBN: 1615929878

Category: Social Science

Page: 428

View: 4023

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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.