Download or read book The Imagined Juror written by Anna Offit and published by NYU Press. This book was released on 2022-08-02 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the outsized influence of jurors on prosecutorial discretion Thanks to television and popular media, the jury is deeply embedded in the American public’s imagination of the legal system. For the country’s federal prosecutors, however, jurors have become an increasingly rare sight. Today, in fact, less than 2% of their cases will proceed to an actual jury trial. And yet, when federal prosecutors describe their jobs and what the profession means to them, the jury is a central theme. Anna Offit’s The Imagined Juror examines the counterintuitive importance of jurors in federal prosecutors’ work at a moment when jury trials are statistically in decline. Drawing on extensive field research among federal prosecutors, the book represents “the first ethnographic study of US attorneys,” according to legal scholar Annelise Riles. It describes a world of legal practice in which jurors are frequently summoned—as make-believe audiences for proposed arguments, hypothetical evaluators of evidence, and invented decision-makers who would work together to reach a verdict. Even the question of moving forward with a prosecution often hinges on how federal prosecutors assume a jury will react to elements of the case—an exercise where the perspectives of the public are imagined and incorporated into every stage of trial preparation. Based on these findings, Offit argues that the decreasing number of jury trials at the federal level has not eliminated the influence of the jury but altered it. As imaginary figures, jurors continue to play an important and understudied role in shaping the work and professional identities of federal prosecutors. At the same time, imaginary jurors are not real jurors, and prosecutors at times caricature the public by leaning on stereotypes or preconceived and simplistic ideas about how laypeople think. Imagined jurors, it turns out, are a critical, if flawed, resource for introducing lay perspective into the legal process. As Offit shows, recentering laypeople and achieving the democratic promise of our legal system will require renewed commitment to the jury trial and juries that reflect the diversity of the American public.
Download or read book We the Jury written by Greg Beratlis and published by Phoenix Books. This book was released on 2007-01-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: We, the Jury is the dramatic story of seven jurors, who convicted Scott Peterson of murdering his wife, Laci, and their unborn son, Conner, despite a series of internal battles that brought the first major murder trial of the 21st century to the brink of a mistrial. The Peterson jurors argued and disagreed but eventually bonded to seal the fate of the icy killer who dumped his victims into the bullet-gray waters of San Francisco Bay. The seven jurors of We, the Jury were seven average Americans who never imagined the horrors they would face or the phantoms that would haunt them after they convicted the enigmatic murderer and recommended that he be put to death. This is the story of how the American jury system worked after being battered by critics for the way it functioned in the trials of O.J. Simpson and Michael Jackson. Unlike the jurors in those trials, who second-guessed themselves, the Peterson jurors do not question their decisions. It wasn’t one thing that condemned Scott Peterson, it was everything.
Download or read book We the Jury written by Godfrey D. Lehman and published by . This book was released on 1997 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In We the Jury ... veteran jury watcher and historian Godfrey D. Lehman demonstrates the validity of the American constitutional republic, in which the people hold sovereign power and express their will more effectively by delivering verdicts of conscience than by voting. The jury, when it is independent, nullifies unjust laws, topples kings and, as a representative of the governed, holds the governors in thrall to its consent. The jury is Abraham Lincoln's "government of, by, and for the people" in operation.
Download or read book American Juries written by Neil Vidmar and published by Prometheus Books. This book was released on 2009-09-25 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monumental and comprehensive volume reviews more than 50 years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system.
Download or read book Inside Jurors Minds written by Carol B. Anderson and published by Aspen Publishing. This book was released on 2012-03-02 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the conscious and unconscious psychological factors that influence juror decision-making. Jurors inevitably rely on the same "thinking tools" at trial that they use to solve problems and make decisions in their everyday lives, which makes it almost impossible for them to divorce instinct and emotion from decision-making. Their fight-or-flight reflexes are stimulated not only by predators but by information that makes them fear for their personal safety—even if the threatening information is something they merely imagine. Because self-preservation is a primal instinct, jurors tend to unconsciously respond by disregarding or altering the "threatening" evidence. Information that conflicts with their personal beliefs and biases often elicits a similar response. Therefore, what jurors hear and remember about a case will inevitably be a reflection of who they are, what they value, and what their life experiences have been. Because jurors unconsciously weigh information in a hierarchical fashion, the "hierarchy of juror decision-making" can serve as a blueprint for creating strategies to counteract the most common thinking errors that can skew jurors' perceptions of the case. This is a valuable weapon that should be in every trial lawyer's arsenal.
Download or read book Criminal Juries in the 21st Century written by Cynthia Najdowski and published by Oxford University Press. This book was released on 2018-08-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The jury is often hailed as one of the most important symbols of American democracy. Yet much has changed since the Sixth Amendment in 1791 first guaranteed all citizens the right to a jury trial in criminal prosecutions. Experts now have a much more nuanced understanding of the psychological implications of being a juror, and advances in technology and neuroscience make the work of rendering a decision in a criminal trial more complicated than ever before. Criminal Juries in the 21st Century explores the increasingly wide gulf between criminal trial law, procedures, and policy, and what scientific findings have revealed about the human experience of serving as a juror. Readers will contemplate myriad legal issues that arise when jurors decide criminal cases as well as cutting-edge psychological research that can be used to not only understand the performance and experience of the contemporary criminal jury, but also to improve it. Chapter authors grapple with a number of key issues at the intersection of psychology and law, guiding readers to consider everything from the factors that influence the initial selection of the jury to how jurors cope with and reflect on their service after the trial ends. Together the chapters provide a unique view of criminal juries with the goal of increasing awareness of a broad range of current issues in great need of theoretical, empirical, and legal attention. Criminal Juries in the 21st Century will identify how social science research can inform law and policy relevant to improving justice within the jury system, and is an essential resource for those who directly study jury decision making as well as social scientists generally, attorneys, judges, students, and even future jurors.
Download or read book The Rhetoric of Seeing in Attic Forensic Oratory written by Peter A. O'Connell and published by University of Texas Press. This book was released on 2017-03-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: In ancient Athenian courts of law, litigants presented their cases before juries of several hundred citizens. Their speeches effectively constituted performances that used the speakers’ appearances, gestures, tones of voice, and emotional appeals as much as their words to persuade the jury. Today, all that remains of Attic forensic speeches from the fifth and fourth centuries BCE are written texts, but, as Peter A. O’Connell convincingly demonstrates in this innovative book, a careful study of the speeches’ rhetoric of seeing can bring their performative aspect to life. Offering new interpretations of a wide range of Athenian forensic speeches, including detailed discussions of Demosthenes’ On the False Embassy, Aeschines’ Against Ktesiphon, and Lysias’ Against Andocides, O’Connell shows how litigants turned the jurors’ scrutiny to their advantage by manipulating their sense of sight. He analyzes how the litigants’ words work together with their movements and physical appearance, how they exploit the Athenian preference for visual evidence through the language of seeing and showing, and how they plant images in their jurors’ minds. These findings, which draw on ancient rhetorical theories about performance, seeing, and knowledge as well as modern legal discourse analysis, deepen our understanding of Athenian notions of visuality. They also uncover parallels among forensic, medical, sophistic, and historiographic discourses that reflect a shared concern with how listeners come to know what they have not seen.
Download or read book Jury Trial Innovations written by G. T. Munsterman and published by . This book was released on 1997 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Why written by Philippe Huneman and published by Stanford University Press. This book was released on 2023-07-25 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosopher explores the many dimensions of a beguilingly simple question. Why did triceratops have horns? Why did World War I occur? Why does Romeo love Juliet? And, most importantly, why ask why? Through an analysis of these questions and others, philosopher Philippe Huneman describes the different meanings of "why," and how those meanings can, and should (or should not), be conflated. As Huneman outlines, there are three basic meanings of why: the cause of an event, the reason of a belief, and the reason why I do what I do (the purpose). Each of these meanings, in turn, impacts how we approach knowledge in a wide array of disciplines: science, history, psychology, and metaphysics. Exhibiting a rare combination of conversational ease and intellectual rigor, Huneman teases out the hidden dimensions of questions as seemingly simple as "Why did Mickey Mouse open the refrigerator?," or as seemingly unanswerable as "Why am I me?" In doing so, he provides an extraordinary tour of canonical and contemporary philosophical thought, from Plato and Aristotle, through Descartes and Spinoza, to Elizabeth Anscombe and Ruth Millikan, and beyond. Of course, no proper reckoning with the question "why?" can afford not to acknowledge its limits, which are the limits, and the ends, of reason itself. Huneman thus concludes with a provocative elaboration of what Kant called the "natural need for metaphysics," the unallayed instinct we have to ask the question even when we know there can be no unequivocal answer.
Download or read book Criminal Justice in Divided America written by David A Sklansky and published by Harvard University Press. This book was released on 2025 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crises of American democracy and criminal justice are intimately connected. David A. Sklansky shows how police, courts, and prisons helped to break American democracy and can be reformed to empower equitable self-governance. Seeking durable change, Sklansky urges pragmatic proposals rooted in a strong commitment to pluralism.
Download or read book Practical Jury Dynamics written by Dr. Sunwolf and published by . This book was released on 2004-01 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Expert Evidence and Scientific Proof in Criminal Trials written by Paul Roberts and published by Routledge. This book was released on 2017-07-05 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forensic science evidence and expert witness testimony play an increasingly prominent role in modern criminal proceedings. Science produces powerful evidence of criminal offending, but has also courted controversy and sometimes contributed towards miscarriages of justice. The twenty-six articles and essays reproduced in this volume explore the theoretical foundations of modern scientific proof and critically consider the practical issues to which expert evidence gives rise in contemporary criminal trials. The essays are prefaced by a substantial new introduction which provides an overview and incisive commentary contextualising the key debates. The volume begins by placingforensic science in interdisciplinary focus, with contributions from historical, sociological, Science and Technology Studies (STS), philosophical and jurisprudential perspectives. This is followed by closer examination of the role of forensic science and other expert evidence in criminal proceedings, exposing enduring tensions and addressing recent controversies in the relationship between science and criminal law. A third set of contributions considers the practical challenges of interpreting and communicating forensic science evidence. This perennial battle continues to be fought at the intersection between the logic of scientific inference and the psychology of the fact-finder‘scommon sense reasoning. Finally, the volume‘s fourth group of essays evaluates the (limited) success of existing procedural reforms aimed at improving the reception of expert testimony in criminal adjudication, and considers future prospects for institutional renewal - with a keen eye to comparative law models and experiences, success stories and cautionary tales.
Download or read book Gun Present written by Susan Dewey and published by Univ of California Press. This book was released on 2024-05-01 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gun Present takes us inside the everyday operations of the law at a courthouse in the Deep South. Illuminating the challenges accompanying the prosecution of criminal cases involving guns, the three coauthors—an anthropologist, a geographer, and a district attorney—present a deeply human portrait of prosecutors’ work. Built on an immersive, community-based participatory partnership between researchers and criminal justice professionals, Gun Present chronicles how a justice assemblage comprising institutional structures and practices, relationships and roles, and individual moral and emotional worlds informs the day-to-day administration of justice. Weaving together in-depth interviews, quantitative analysis of more than a thousand criminal cases, analysis of trial transcripts, and over a year of ethnographic observations, Gun Present provides a model for scholar-practitioner collaborations.
Download or read book Psychology and Law written by Curt R. Bartol and published by SAGE Publications. This book was released on 2018-11-27 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by authors with extensive experience in the field and in the classroom, Psychology and Law: Research and Practice, Second Edition, offers the definitive perspective on the practical application of psychological research to the law. Curt R. Bartol and Anne M. Bartol emphasize the various roles psychologists and other mental health professionals play in criminal and civil legal matters. Topics such as family law, mental health evaluations, police interrogation, jury selection and decision making, involuntary civil commitment, and various civil capacities are included. The authors also emphasize the major contributions psychological research has made to the law and encourage critical analysis through examples of court cases, high-profile current events, and research. This comprehensive book examines complex material in detail and explains it in an easy-to-read way. New to the Second Edition: The new edition has been significantly reorganized to more closely align with the progression through the court system. A new chapter on children, adolescents, and criminal law (Chapter 8) provides you with information on adjudicative competence, comprehension of constitutional rights, and eyewitness identification and courtroom testimony. New feature boxes include case studies, research projects, and contemporary topics with discussion questions for classroom debate. Additional court cases and statutes have been integrated into chapters to emphasize the important role psychology plays in the legal process. The content is applied to real cases such as the Masterpiece Cakeshop case and the Dassey confession (comprehending Miranda). Over 300 recent research findings on topics related to psychology and law highlight cutting-edge research studies that help you understand what research does and prompt you to discuss the methodology and results. New pedagogical tables clearly illustrate complex information around ethical issues, APA amicus briefs, strengths and weaknesses of simulation studies, insanity standards within the states, effects experienced by survivors of traumatic incidents, and more. Increased coverage of contemporary issues encourage critical thinking and active learning by promoting discussions around current issues such as telepsychology, neuropsychology, adversarial allegiance, and actuarial instruments used in bail and sentence decision-making. ?
Download or read book Unfair written by Adam Benforado and published by Crown. This book was released on 2016-06-14 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • “Unfair succinctly and persuasively recounts cutting-edge research testifying to the faulty and inaccurate procedures that underpin virtually all aspects of our criminal justice system, illustrating many with case studies.”—The Boston Globe A child is gunned down by a police officer; an investigator ignores critical clues in a case; an innocent man confesses to a crime he did not commit; a jury acquits a killer. The evidence is all around us: Our system of justice is fundamentally broken. But it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening, galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us. This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant’s taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system. Weaving together historical examples, scientific studies, and compelling court cases—from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case—Benforado shows how our judicial processes fail to uphold our values and protect society’s weakest members. With clarity and passion, he lays out the scope of the legal system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.
Download or read book Trip written by Tao Lin and published by Vintage. This book was released on 2018-05-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part memoir, part history, part journalistic exposé, Trip is a look at psychedelic drugs, literature, and alienation from one of the twenty-first century's most innovative novelists--The Electric Kool-Aid Acid Test for a new generation. A Vintage Original. While reeling from one of the most creative--but at times self-destructive--outpourings of his life, Tao Lin discovered the strange and exciting work of Terence McKenna. McKenna, the leading advocate of psychedelic drugs since Timothy Leary, became for Lin both an obsession and a revitalizing force. In Trip, Lin's first book-length work of nonfiction, he charts his recovery from pharmaceutical drugs, his surprising and positive change in worldview, and his four-year engagement with some of the hardest questions: Why do we make art? Is the world made of language? What happens when we die? And is the imagination more real than the universe? In exploring these ideas and detailing his experiences with psilocybin, DMT, salvia, and cannabis, Lin takes readers on a trip through nature, his own past, psychedelic culture, and the unknown.
Download or read book Fixing the Engine of Justice written by David Tunno and published by iUniverse. This book was released on 2012-07-24 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been many years since O. J. Simpson walked free from a downtown Los Angeles courtroom. For many, it was the demolition of the fundamental principle of right and wrong, and many debated the deficiencies of the American justice system. Since then, we have witnessed the Casey Anthony case, and others, that remind us of issues unaddressed and questions unanswered. In Fixing the Engine of Justice author David Tunno presents the symptoms of a defective jury system and offers comprehensive, intelligent, and thought-provoking solutions. Tunno, a trial consultant for more than twenty years, has studied and researched key trials and has gleaned stories from his personal experiences to show a system beset with representation issues, incompetence, bias, misconduct, and lack of support and public perception based on misconceptions. He analyzes the flaws in the jury selection process, its lack of effectiveness, and the ways in which it contributes to the delivery of justice. Often humorous and irreverent, Fixing the Engine of Justice offers a diagnosis of the problems and a list of needed repairs to the American legal system. With the prime focus on juries, Tunno also takes aim at judges, attorneys, and other issues relevant to the health of the system.
