Download or read book The Supreme Court Against the Criminal Jury written by John Albert Murley and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court against the Criminal Jury critiques the Supreme Court's decisions to allow reduced jury sizes and less than unanimous jury verdicts to determine guilt. John A. Murley and Sean D. Sutton challenges the Court's decisions by examining its incomplete understanding of the purpose of trial by jury and evaluating its use of inaccurate and unreliable studies as support for its decisions.
Download or read book Handbook for trial jurors serving in the United States District Courts written by and published by . This book was released on 2003 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: ... The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their role as jurors; explains some of the language and procedures used in court, and offers some suggestions helpful to jurors in performing their duty ...
Download or read book The Supreme Court on Trial written by George C. Thomas and published by University of Michigan Press. This book was released on 2010-02-09 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice. American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions. "Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent." —Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law "Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice." —Andrew E. Taslitz, Professor of Law, Howard University School of Law "An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive." —Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan
Download or read book The Missing American Jury written by Suja A. Thomas and published by Cambridge University Press. This book was released on 2016-06-16 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores why juries have declined in power and how the federal government and the states have taken the jury's authority.
Download or read book The People Vs the State written by Luke von Trapp and published by . This book was released on 2018-05-22 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good people refuse to enforce bad laws, but how do you force change in the justice system? How do the people peacefully take power back from an overreaching government? How do you stop thousands of people from being victimized by law enforcement and corrupt courts? The answer...through jury nullification.Learn the secrets of the legal system that the courts hate for you to know, but are powerless to prevent you from exercising. You could be that one person that begins forcing a change in your city, county, or state that saves countless lives from the cesspool of the "justice" system.As one of the closely guarded secrets of the legal system, jury nullification places the power of the entire legal structure of the country back into the hands of the people and allows them to nullify bad laws through refusing to convict on laws you don't agree with. Under this system of checks and balances, juries act as the sole authority over both the legislative and judicial systems of the Federal and State governments."The jury is a check on us--it's a check on the judges. I think the Framers were not willing to trust, in criminal cases, the judges to find the facts. Indeed, you know at the beginning, when the Constitution was ratified, juries used to find not only the facts, but the law. " - Supreme Court Justice Antonin Scalia"I consider [trial by jury] as the only anchor, ever yet imagined by man, by which a government can be held to the principles of its constitution." - Thomas Jefferson"It is not only his right, but his duty... to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court."- John AdamsIn this collection of essays you will learn:-What jury nullification is-Why jury nullification is important-Why free speech is not allowed in the courts-Who actually holds the power over the entire system (spoiler alert... it's you.)- and much, much moreJury nullification takes the power away from those who profit from our current criminal justice system and place it in the rightful hands of the people. Lawyers and judges thrive off people feeling powerless and who obey their edicts as though they were absolute; however, the only person who has absolute power in the courtroom is that one lone juror.. and that could be you."If the jury feels the law is unjust, we recognize the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by a judge, and contrary to the evidence... If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision." - United States v. Moylan, 4th Circuit Court of Appeals, 1969, 417 F.2d at 1006
Download or read book The American Jury written by Harry Kalven and published by . This book was released on 1966 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Impartial Justice written by Eric T. Kasper and published by Lexington Books. This book was released on 2013-03-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution’s Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment’s promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court’s ultimate decisions in these cases.
Download or read book Juror s Handbook written by Lynn Buchanan and published by . This book was released on 2005-01-01 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jury service is one of the most important civic duties a person can undertake, yet it is often poorly understood. This booklet has been prepared in consultation with the Juries Commissioner's Office. It answers frequently asked questions about jury service and provides prospective jurors with a clear explanation of their responsibilities and the processes involved in trials. All potential jurors will receive a copy when they attend for jury service.
Download or read book Defending the Jury written by Laura I Appleman and published by Cambridge University Press. This book was released on 2015-04-13 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community's voice. It sets forth a new approach to twenty-first-century criminal justice and punishment, one that fully involves the community, providing a better way to make our criminal process more transparent and inclusive.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Justice and the Media written by Matthew D. Bunker and published by Routledge. This book was released on 2013-10-16 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: USE THIS FIRST PARAGRAPH ONLY FOR GENERAL CATALOGS... The First Amendment right of free speech is a fragile one. Its fragility is found no less in legal opinions than in other, less specialized forms of public discourse. Both its fragility and its sometimes surprising resiliency are reflected in this book. It provides an examination of how the U.S. Supreme Court has dealt with the problem of restrictions on media coverage of the criminal justice system, as well as how lower courts have interpreted the law created by the Supreme Court. The author explores the degree to which the Court has created a coherent body of law that protects free expression values while permitting reasonable government regulation, and examines the Supreme Court's jurisprudence concerning prior restraints, post-publication sanctions on the press, and their right of access to criminal proceedings. This is a study of the evolution of constitutional doctrine -- particularly when transported from the rarefied air of the Supreme Court to lower court judges who may not share the values of the jurists above them in the judicial hierarchy. The book's greatest strength lies in its thorough analysis and critique of how judges apply First Amendment doctrine to the complex problem of providing for both a "free press" and "fair trials." Much of the available literature on this topic focuses on legal doctrine, but with attention to the legal rules that emerge from the courts, rather than examining and critiquing the judicial techniques that produce those rules. Moreover, although a significant body of scholarship has explored Supreme Court doctrine, this work is one of the few that trace the influence of those doctrines through lower federal court decisions. The hope is to produce a reasonably accurate -- if partial -- picture of how intermediate appellate and trial courts use U.S. Supreme Court doctrine to decide First Amendment cases. Note: This book is necessarily influenced by the 'round-the-clock' press coverage of the recent O.J. Simpson trial. Although the Simpson case did not make new law, the trial and its outcome seem to be -- at this writing -- an inescapable part of how many people think about these issues. The simple truth, however, is that the Simpson case was an anomaly that has little relation to the everyday concerns of media coverage of the criminal justice system. While the venerable "parade of horribles" can be an effective strategy for the legal advocate, it is not always the ideal way to address larger concerns, particularly when fundamental rights are at stake.
Download or read book Through the Eyes of the Juror written by and published by . This book was released on 1998 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book History of Trial by Jury written by William Forsyth and published by . This book was released on 1875 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inside the Jury written by Reid Hastie and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hastie, Reid and Steven D. Penrod, Nancy Pennington. Inside the Jury. Cambridge: Harvard University Press, 1983. viii, 277 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2002025963. ISBN 1-58477-269-7. Cloth. $95. * "A landmark jury study." Contemporary Sociology. An important statistical study of the dynamics of jury selection and deliberation that offers a realistic jury simulation model, a statistical analysis of the personal characteristics of jurors, and a general assessment of jury performance based on research findings conducted by reputed scholars in the behavioral sciences. "The book will stand as the third great product of social research into jury operations, ranking with Kalven and Zeisel's The American Jury and Van Dyke's Jury Selection Procedures." American Bar Association Journal.
Download or read book Power of Congress Over Procedure in Criminal Contempts in inferior Federal Courts a Study in Separation of Powers written by Felix Frankfurter and published by . This book was released on 1924 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Majority Verdicts written by New South Wales. Law Reform Commission and published by . This book was released on 2005 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally considered that the requirement of unanimity results in more hung juries than does the alternative system of requiring only a majority of jurors to agree on a verdict. What constitutes a majority differs between jurisdictions that have embraced the concept, and may also depend on the type of offence being tried. This Report examines arguments for and against preserving the unanimity rule.
Download or read book Handbook for federal grand jurors written by and published by . This book was released on 2003 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
