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Author: Drury R. Sherrod
Publisher: Rowman & Littlefield
ISBN: 1538109549
Category : Law
Languages : en
Pages : 193
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Book Description
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.
Author: Drury R. Sherrod
Publisher: Rowman & Littlefield
ISBN: 1538109549
Category : Law
Languages : en
Pages : 193
Get Book Here
Book Description
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.
Author: Cass R. Sunstein
Publisher: University of Chicago Press
ISBN: 0226780163
Category : Law
Languages : en
Pages : 299
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Book Description
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.
Author: Michael Singer
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 235
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Book Description
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.
Author: Scott E. Sundby
Publisher: St. Martin's Press
ISBN: 1466892269
Category : Law
Languages : en
Pages : 237
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Book Description
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.
Author: Hiroshi Fukurai
Publisher: Springer Science & Business Media
ISBN: 1489911278
Category : Psychology
Languages : en
Pages : 270
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Book Description
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.
Author: Eric Helland
Publisher: Independent Institute
ISBN: 159813244X
Category : Law
Languages : en
Pages : 146
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Book Description
Is the U.S. tort system in crisis? CBS television's 60 Minutes has said the tort system metes out "jackpot justice," and Newsweek has called America a "Lawsuit Hell." Other observers of the legal system, however, argue that the tort crisis is a myth. Although both sides of the debate rely primarily on anecdote and the selective use of evidence, a sound diagnosis of the tort system requires a rigorous analysis of hard data, not a retelling of sensationalistic sound bites. In Judge and Jury: American Tort Law on Trial, economists Eric Helland and Alexander Tabarrok present their study of tens of thousands of tort cases from across the United States. The result is the most complete picture of the U.S. system of civil justice to date. Examining three of the key players of the tort system (juries, judges, and lawyers), Helland and Tabarrok conclude that the tort system is badly broken in some respects but functions surprisingly well in others.
Author: D. Graham Burnett
Publisher: Vintage
ISBN: 0375727515
Category : Political Science
Languages : en
Pages : 210
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Book Description
When Princeton historian D. Graham Burnett answered his jury duty summons, he expected to spend a few days catching up on his reading in the court waiting room. Instead, he finds himself thrust into a high-pressure role as the jury foreman in a Manhattan trial. There he comes face to face with a stunning act of violence, a maze of conflicting evidence, and a parade of bizarre witnesses. But it is later, behind the closed door of the jury room, that he encounters the essence of the jury experience — he and eleven citizens from radically different backgrounds must hammer consensus out of confusion and strong disagreement. By the time he hands over the jury’s verdict, Burnett has undergone real transformation, not just in his attitude toward the legal system, but in his understanding of himself and his peers. Offering a compelling courtroom drama and an intimate and sometimes humorous portrait of a fractious jury, A Trial by Jury is also a finely nuanced examination of law and justice, personal responsibility and civic duty, and the dynamics of power and authority between twelve equal people.
Author: Wayne Miller
Publisher:
ISBN: 9781571315311
Category :
Languages : en
Pages : 96
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Book Description
"Wayne Miller's fourth collection of poems engages with questions of morality without clear answers"--
Author: Paul A. Offit
Publisher: Yale University Press
ISBN: 9780300126051
Category : History
Languages : en
Pages : 262
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Book Description
Vaccines have saved more lives than any other single medical advance. Yet today only four companies make vaccines, and there is a growing crisis in vaccine availability. Why has this happened? This remarkable book recounts for the first time a devastating episode in 1955 at Cutter Laboratories in Berkeley, California, thathas led many pharmaceutical companies to abandon vaccine manufacture. Drawing on interviews with public health officials, pharmaceutical company executives, attorneys, Cutter employees, and victims of the vaccine, as well as on previously unavailable archives, Dr. Paul Offit offers a full account of the Cutter disaster. He describes the nation's relief when the polio vaccine was developed by Jonas Salk in 1955, the production of the vaccine at industrial facilities such as the one operated by Cutter, and the tragedy that occurred when 200,000 people were inadvertently injected with live virulent polio virus: 70,000 became ill, 200 were permanently paralyzed, and 10 died. Dr. Offit also explores how, as a consequence of the tragedy, one jury's verdict set in motion events that eventually suppressed the production of vaccines already licensed and deterred the development of new vaccines that hold the promise of preventing other fatal diseases.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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.
