The Jury Crisis

The Jury Crisis
Author: Drury R. Sherrod
Publisher: Rowman & Littlefield
Total Pages: 193
Release: 2019-02-08
Genre: Law
ISBN: 1538109549

Juries have a bad reputation. Often jurors are seen as incompetent, biased and unpredictable, and jury trials are seen as a waste of time and money. In fact, so few criminal and civil cases reach a jury today that trial by jury is on the verge of extinction. Juries are being replaced by mediators, arbitrators and private judges. The wise trial of “Twelve Angry Men” has become a fiction. As a result, a foundation of American democracy is about to vanish. The Jury Crisis: What’s Wrong with Jury Trials and How We Can Save Them addresses the near collapse of the jury trial in America – its causes, consequences, and cures. Drury Sherrod brings his unique perspective as a social psychologist who became a jury consultant to the reader, applying psychological research to real world trials and explaining why juries have become dysfunctional. While this collapse of the jury can be traced to multiple causes, including poor public education, the absence of peers and community standards in a class-stratified, racially divided society, and people’s reluctance to serve on a jury, the focus of this book is on the conduct of trials themselves, from jury selection to evidence presentation to jury deliberations. Judges and lawyers believe – wrongly – that jurors can put aside their biases, sit quietly through hours, days or weeks of conflicting testimony, and not make up their minds until they have heard all the evidence. Unfortunately, the human brain doesn’t work that way. A great deal of psychological research on jurors and other decision-makers shows that our brains intuitively leap to story-telling before we rationally analyze “facts,” or evidence. Weaving details into a narrative is how we make sense of the world, and it’s very hard to suppress this tendency. Consequently, a majority of jurors actually make up their minds before they have heard much of the evidence. Judges, arbitrators and mediators have similar biases. The Jury Crisis deals with an important social problem, namely the near collapse of a thousand year old institution, and proposes how to fix the jury system and restore trial by jury to a more prominent place in American society.

Punitive Damages

Punitive Damages
Author: Cass R. Sunstein
Publisher: University of Chicago Press
Total Pages: 299
Release: 2008-12-19
Genre: Law
ISBN: 0226780163

Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.

A Life and Death Decision

A Life and Death Decision
Author: Scott E. Sundby
Publisher: St. Martin's Press
Total Pages: 237
Release: 2015-03-17
Genre: Law
ISBN: 1466892269

A gripping exploration of a jury's members' perspectives on the most wrenching decision: the death sentence With a life in the balance, a jury convicts a man of murder and now has to decide whether he should be put to death. Twelve people now face a momentous choice. Bringing drama to life, A Life and Death Decision gives unique insight into how a jury deliberates. We feel the passions, anger, and despair as the jurors grapple with legal, moral, and personal dilemmas. The jurors' voices are compelling. From the idealist to the "holdout," the individual stories—of how and why they voted for life or death—drive the narrative. The reader is right there siding with one or another juror in this riveting read. From movies to novels to television, juries fascinate. Focusing on a single case, Sundby sheds light on broader issues, including the roles of race, class, and gender in the justice system. With death penalty cases consistently in the news, this is an important window on how real jurors deliberate about a pressing national issue.

Jury Duty

Jury Duty
Author: Michael Singer
Publisher: Bloomsbury Publishing USA
Total Pages: 235
Release: 2012-07-06
Genre: Political Science
ISBN:

Written by a legal scholar for the general reader, this book demystifies the institution of the jury and validates its political power, providing valuable insights for the more than 30 million Americans who receive a jury summons each year. Jury Duty: Reclaiming Your Political Power and Taking Responsibility presents an accessible account of the origins and development of the jury system as well as a comprehensive, stage-by-stage description of a jury trial and of the sentencing procedure in a criminal trial. The work also provides a unique estimate of the cost of the jury system, which is particularly relevant in this continuing era of budget constraints. Rejecting the justifications usually given for the jury system, the work explains how the political roles of the jury constitute the chief value of the jury system. The basis of these political roles is the unquestionable power of the jury to acquit even a guilty criminal defendant, which allows juries to prevent the enforcement of unjust laws and the imposition of unjust punishments. Accordingly, the book challenges a range of practices that the judiciary has developed to obstruct the jury's exercise of this power. Most people—even including many lawyers—remain unaware of these practices, but they undermine the value of the jury system to our society. Finally, the book offers an original, thought-provoking analysis of the responsibilities imposed on criminal trial jurors in cases of compelling injustice.

Race and the Jury

Race and the Jury
Author: Hiroshi Fukurai
Publisher: Springer Science & Business Media
Total Pages: 270
Release: 1993-01-31
Genre: Psychology
ISBN: 9780306441448

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.

We the Jury

We the Jury
Author: Wayne Miller
Publisher:
Total Pages: 96
Release: 2021
Genre:
ISBN: 9781571315311

"Wayne Miller's fourth collection of poems engages with questions of morality without clear answers"--

Crisis of the House Divided

Crisis of the House Divided
Author: Harry V. Jaffa
Publisher: University of Chicago Press
Total Pages: 466
Release: 2012-09-21
Genre: History
ISBN: 022611158X

This definitive analysis of the Lincoln-Douglas debates is “one of the most influential works of American history and political philosophy ever published (National Review). In Crisis of the House Divided, noted conservative scholar and historian Harry V. Jaffa illuminates the political principles that guided Abraham Lincoln from his reentry into politics in 1854 through his Senate campaign against Stephen Douglas in 1858. Through critical analysis of the Lincoln-Douglas debates, Jaffa demonstrates that Lincoln’s political career was grounded in his commitment to constitutionalism, the rule of law, and abolition. A landmark work of American history, it “has shaped the thought of a generation of Abraham Lincoln and Civil War scholars." To mark the fiftieth anniversary of the original publication, Jaffa has provided a new introduction (Civil War History). "A searching and provocative analysis of the issues confronted and the ideas expounded in the great debates…A book which displays such learning and insight that it cannot fail to excite the admiration even of scholars who disagree with its major arguments and conclusions."—D. E. Fehrenbacher, American Historical Review

A Jury of Her Peers

A Jury of Her Peers
Author: Jean Hanff Korelitz
Publisher: Crown
Total Pages: 474
Release: 2013-05-15
Genre: Fiction
ISBN: 0307830268

As a little girl climbs off a school bus on the Upper East Side of New York, a man named Trent rushes from the shadows to stab her viciously, instantly becoming the city's latest pariah and setting into motion an increasingly bizarre chain of occurrences. At one end of the chain is Sybylla Muldoon, the Legal Aid attorney who must somehow overcome eyewitness accounts, devastating forensic evidence, and the brutal disfigurement of an innocent child in her struggle to defend Trent; at the other is the mystery of why a previously peaceful and rational man should suddenly commit such an abhorrent crime. Sybylla's client may be inescapably guilty of the act, but everything about the case feels unaccountably wrong. Raised to argue both sides of anything by her father, a conservative judge whom she adores even as she rejects his politics, Sybylla is committed to the principles of public defense but growing increasingly weary in its practice. Now as she readies Trent's case for trial, Sybylla makes a series of seemingly unrelated discoveries that bind together a thriving trial consulting firm dealing exclusively with conservative prosecuting attorneys, a pattern of unnoticed abductions among New York's homeless, a long-abandoned avenue of medical research, and Sam, Sybylla's new colleague at Legal Aid whom she falls for but can't quite trust. In the end, Trent's mystery leads her to the very summit of the American legal system—the confirmation hearings of a Supreme Court nominee—and to the heart of her own family history, until Sybylla must reconsider virtually everything she believes she knows about her own life. With its captivating protagonist and its timely consideration of juries, trial consultants, and that elusive notion, justice, A Jury of Her Peers is a chilling novel about the law—and those who seek to corrupt it.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.