Download or read book The Jury and Democracy written by John Gastil and published by Oxford University Press. This book was released on 2010-11-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Justice Democracy and the Jury written by James Gobert and published by Routledge. This book was released on 2019-06-04 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book We the Jury written by Jeffrey B. Abramson and published by Harvard University Press. This book was released on 2000 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Punishment Participatory Democracy and the Jury written by Albert W. Dzur and published by Oxford University Press. This book was released on 2012-09-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing democratic theory on the pressing issue of punishment, this book argues for participatory institutional designs as antidotes to the American penal state.

Download or read book Why Jury Duty Matters written by Andrew G. Ferguson and published by NYU Press. This book was released on 2012-12-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Radical Enfranchisement in the Jury Room and Public Life written by Sonali Chakravarti and published by . This book was released on 2019 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Open Democracy written by Hélène Landemore and published by Princeton University Press. This book was released on 2022-03-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the ancient Greeks, democracy meant gathering in public and debating laws set by a randomly selected assembly of several hundred citizens. To the Icelandic Vikings, democracy meant meeting every summer in a field to discuss issues until consensus was reached. Our contemporary representative democracies are very different. Modern parliaments are gated and guarded, and it seems as if only certain people are welcome. Diagnosing what is wrong with representative government and aiming to recover some of the openness of ancient democracies, Open Democracy presents a new paradigm of democracy. Supporting a fresh nonelectoral understanding of democratic representation, Hélène Landemore demonstrates that placing ordinary citizens, rather than elites, at the heart of democratic power is not only the true meaning of a government of, by, and for the people, but also feasible and, more than ever, urgently needed. -- Cover page 4.

Download or read book Juries in the Japanese Legal System written by Dimitri Vanoverbeke and published by Routledge. This book was released on 2015-04-10 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Cambridge Handbook of Deliberative Constitutionalism written by Ron Levy and published by Cambridge University Press. This book was released on 2018-04-19 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Democracy in Motion written by Tina Nabatchi and published by Oxford University Press. This book was released on 2012-11-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the field of deliberative civic engagement is growing rapidly around the world, our knowledge and understanding of its practice and impacts remain highly fragmented. Democracy in Motion represents the first comprehensive attempt to assess the practice and impact of deliberative civic engagement. Organized in a series of chapters that address the big questions of deliberative civic engagement, it uses theory, research, and practice from around the world to explore what we know about, how we know it, and what remains to be understood. More than a simple summary of research, the book is designed to be accessible and useful to a wide variety of audiences, from scholars and practitioners working in numerous disciplines and fields, to public officials, activists, and average citizens who are seeking to utilize deliberative civic engagement in their communities. The book significantly enhances current scholarship, serving as a guide to existing research and identifying useful future research. It also has promise for enhancing practice, for example by helping practitioners, public officials, and others better think through and articulate issues of design and outcomes, thus enabling them to garner more support for public deliberation activities. In addition, by identifying what remains to be learned about public deliberation, practitioners and public officials may be inspired to connect with scholars to conduct research and evaluations of their efforts.

Download or read book The Jury in America written by Dennis Hale and published by University Press of Kansas. This book was released on 2016-02-09 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The jury trial is one of the formative elements of American government, vitally important even when Americans were still colonial subjects of Great Britain. When the founding generation enshrined the jury in the Constitution and Bill of Rights, they were not inventing something new, but protecting something old: one of the traditional and essential rights of all free men. Judgment by an “impartial jury” would henceforth put citizen panels at the very heart of the American legal order. And yet at the dawn of the 21st century, juries resolve just two percent of the nation’s legal cases and critics warn that the jury is “vanishing” from both the criminal and civil courts. The jury’s critics point to sensational jury trials like those in the O. J. Simpson and Menendez cases, and conclude that the disappearance of the jury is no great loss. The jury’s defenders, from journeyman trial lawyers to members of the Supreme Court, take a different view, warning that the disappearance of the jury trial would be a profound loss. In The Jury in America, a work that deftly combines legal history, political analysis, and storytelling, Dennis Hale takes us to the very heart of this debate to show us what the American jury system was, what it has become, and what the changes in the jury system tell us about our common political and civic life. Because the jury is so old, continuously present in the life of the American republic, it can act as a mirror, reflecting the changes going on around it. And yet because the jury is embedded in the Constitution, it has held on to its original shape more stubbornly than almost any other element in the American regime. Looking back to juries at the time of America's founding, and forward to the fraught and diminished juries of our day, Hale traces a transformation in our understanding of ideas about sedition, race relations, negligence, expertise, the responsibilities of citizenship, and what it means to be a citizen who is “good and true” and therefore suited to the difficult tasks of judgment. Criminal and civil trials and the jury decisions that result from them involve the most fundamental questions of right, and so go to the core of what makes the nation what it is. In this light, in conclusion, Hale considers four controversial modern trials for what they can tell us about what a jury is, and about the fate of republican government in America today.

Download or read book The Australian Citizens Parliament and the Future of Deliberative Democracy written by Lyn Carson and published by Penn State Press. This book was released on 2015-06-29 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Growing numbers of scholars, practitioners, politicians, and citizens recognize the value of deliberative civic engagement processes that enable citizens and governments to come together in public spaces and engage in constructive dialogue, informed discussion, and decisive deliberation. This book seeks to fill a gap in empirical studies in deliberative democracy by studying the assembly of the Australian Citizens’ Parliament (ACP), which took place in Canberra on February 6–8, 2009. The ACP addressed the question “How can the Australian political system be strengthened to serve us better?” The ACP’s Canberra assembly is the first large-scale, face-to-face deliberative project to be completely audio-recorded and transcribed, enabling an unprecedented level of qualitative and quantitative assessment of participants’ actual spoken discourse. Each chapter reports on different research questions for different purposes to benefit different audiences. Combined, they exhibit how diverse modes of research focused on a single event can enhance both theoretical and practical knowledge about deliberative democracy.

Download or read book Control of the Laws in the Ancient Democracy at Athens written by Edwin Carawan and published by JHU Press. This book was released on 2020-12-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive book on judicial review in Athens from the 5th through the 4th centuries BCE. The power of the court to overturn a law or decree—called judicial review—is a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicial review in the ancient precedent. They believed that Athenian judges decided the fate of laws and decrees legalistically, focusing on fundamental text, because the speeches that survive from antiquity often involve close scrutiny of statutes attributed to lawgivers such as Solon, much as a modern appellate judge might resort to the wording of the Framers. Carawan argues that inscriptions, speeches, and fragments of lost histories make clear that text-based constitutionalism was not so compelling as the ethos of the community. Carawan explores how the judicial review process changed over time. From the restoration of democracy down to its last decades, the Athenians made significant reforms in their method of legislation, first to expedite a cumbersome process, then to revive the more rigorous safeguards. Jury selection adapted accordingly: the procedure was recast to better represent the polis, and packing the court was thwarted by a complicated lottery. But even as the system evolved, the debate remained much the same: laws and decrees were measured by a standard crafted in the image of the people. Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.

Download or read book Twenty Million Angry Men written by James M. Binnall and published by University of California Press. This book was released on 2021-02-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, all but one U.S. jurisdiction restricts a convicted felon’s eligibility for jury service. Are there valid, legal reasons for banishing millions of Americans from the jury process? How do felon-juror exclusion statutes impact convicted felons, jury systems, and jurisdictions that impose them? Twenty Million Angry Men provides the first full account of this pervasive yet invisible form of civic marginalization. Drawing on extensive research, James M. Binnall challenges the professed rationales for felon-juror exclusion and highlights the benefits of inclusion as they relate to criminal desistance at the individual and community levels. Ultimately, this forward-looking book argues that when it comes to serving as a juror, a history of involvement in the criminal justice system is an asset, not a liability.

Download or read book Innovative Citizen Participation and New Democratic Institutions Catching the Deliberative Wave written by OECD and published by OECD Publishing. This book was released on 2020-06-10 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public authorities from all levels of government increasingly turn to Citizens' Assemblies, Juries, Panels and other representative deliberative processes to tackle complex policy problems ranging from climate change to infrastructure investment decisions. They convene groups of people representing a wide cross-section of society for at least one full day – and often much longer – to learn, deliberate, and develop collective recommendations that consider the complexities and compromises required for solving multifaceted public issues.

Download or read book Against Elections written by David Van Reybrouck and published by Seven Stories Press. This book was released on 2018-04-17 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: A small book with great weight and urgency to it, this is both a history of democracy and a clarion call for change. "Without drastic adjustment, this system cannot last much longer," writes Van Reybrouck, regarded today as one of Europe's most astute thinkers. "If you look at the decline in voter turnout and party membership, and at the way politicians are held in contempt, if you look at how difficult it is to form governments, how little they can do and how harshly they are punished for it, if you look at how quickly populism, technocracy and anti-parliamentarianism are rising, if you look at how more and more citizens are longing for participation and how quickly that desire can tip over into frustration, then you realize we are up to our necks." Not so very long ago, the great battles of democracy were fought for the right to vote. Now, Van Reybrouck writes, "it's all about the right to speak, but in essence it's the same battle, the battle for political emancipation and for democratic participation. We must decolonize democracy. We must democratize democracy." As history, Van Reybrouck makes the compelling argument that modern democracy was designed as much to preserve the rights of the powerful and keep the masses in line, as to give the populace a voice. As change-agent, Against Elections makes the argument that there are forms of government, what he terms sortitive or deliberative democracy, that are beginning to be practiced around the world, and can be the remedy we seek. In Iceland, for example, deliberative democracy was used to write the new constitution. A group of people were chosen by lot, educated in the subject at hand, and then were able to decide what was best, arguably, far better than politicians would have. A fascinating, and workable idea has led to a timely book to remind us that our system of government is a flexible instrument, one that the people have the power to change.

Download or read book On the Jury Trial written by Thomas M. Melsheimer and published by University of North Texas Press. This book was released on 2017-10-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.