The Jury Under Fire

The Jury Under Fire PDF

Author: Brian H. Bornstein

Publisher: Oxford University Press

Published: 2017-01-23

Total Pages: 320

ISBN-13: 0190201363

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Although the jury is often referred to as one of the bulwarks of the American justice system, it regularly comes under attack. Recent changes to trial procedures, such as reducing jury size, allowing non-unanimous verdicts, and rewriting jury instructions in plain English, were designed to promote greater efficiency and adherence to the law. Other changes, such as capping damages and replacing jurors with judges as arbiters in complex trials, seem designed to restrict the role of laypeople in trial outcomes. Whether these innovations are implemented to facilitate the administration of justice or due to the belief that juries have excessive power and make irrational decisions, they raise a host of questions about their effects on juries' judgments and about justice. Policymakers sometimes make incorrect assumptions about jury behavior, with the result that some reform efforts have had surprising and unintended consequences. The Jury Under Fire reviews a number of controversial beliefs about juries as well as the implications of these views for jury reform. It reviews up-to-date research on both criminal and civil juries that uses a variety of research methodologies: simulations, archival analyses, field studies, and juror interviews. Each chapter focuses on a mistaken assumption or myth about jurors or juries, critiques these myths, and then uses social science research findings to suggest appropriate reforms. Chapters discuss the experience of serving as a juror; jury selection and jury size; and the impact of evidence from eyewitnesses, experts, confessions, and juvenile offenders. The book also covers the process of deciding damages and punishment and the role of emotions in jurors' decision making, and it compares jurors' and judges' decisions. Finally, it reviews a broad range of efforts to reform the jury, including the most promising reforms that have a solid backing in research. Featuring highly visible trials to illustrate key points, The Jury Under Fire will interest researchers in psychology and the law, practicing attorneys, and policymakers, as well as students and trainees in these areas.

Trial by Jury

Trial by Jury PDF

Author: Robert Von Moschzisker

Publisher:

Published: 1922

Total Pages: 478

ISBN-13:

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"A brief review of its origin, development and merits and practical discussions on actual conduct of jury trials, together with a consideration of constitutional provisions and other cognate subjects of importance."--T.p.

Jury Trials Outside In

Jury Trials Outside In PDF

Author: Melissa M. Gomez

Publisher: Aspen Publishing

Published: 2016-04-01

Total Pages: 252

ISBN-13: 1601565496

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This guide goes beyond the topic of jury psychology. Instead, it speaks to the psychology of all of the people involved in a case and how that psychology affects the manner in which we make decisions and communicate at trial. Specifically, Dr. Gomez examines key aspects of the psychology of jurors, attorneys, judges, and witnesses and analyzes how each person influences the way a case is presented to and received by jurors. Dr. Gomez takes real-life stories from the road and ties them to theory and research from disciplines such as psychology, advertising, marketing, politics, homeland security, and sociology. The goal is to understand human nature as it applies across multiple contexts so you can learn a practical lesson as it applies to the courtroom. This guide helps attorneys take a step back to address the big picture of a case, to step outside of their own viewpoint, and to turn their perspective of their case outside-in. It is a conduit that connects psychological principles applicable to civil and criminal cases, to plaintiffs and defendants, to medical malpractice, product liability, intellectual property, contract, aviation, trucking, and all other cases that involve human beings.

Jury Selection

Jury Selection PDF

Author: V. Hale Starr

Publisher: Wolters Kluwer

Published: 2009-01-01

Total Pages: 1946

ISBN-13: 0735581142

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Here is an outstanding source that combines expert analysis of the law governing jury selection with a full and definitive explanation of all current scientific methodology employed in that process. Beginning with in-depth exploration of the legal issues in jury law today, Jury Selection, Fourth Edition goes on to provide detailed guidance--available in no other single source--on such crucial topics and procedures as: Background investigation Community attitude surveying Batson challenges Voir dire techniques and strategies Nonverbal communication With specific courtroom applications of all the relevant scientific methodology, Jury Selection, Fourth Edition is a must for the litigator who wants to use the most advanced techniques available to ensure a fair-minded and unprejudiced jury.

Unfair

Unfair PDF

Author: Adam Benforado

Publisher: Crown

Published: 2016-06-14

Total Pages: 418

ISBN-13: 0770437788

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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.