Author: Thomas Andrew Green
Publisher:
ISBN: 9780226306094
Category : Criminal law
Languages : en
Pages : 409

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Author: Robert E. Litan
Publisher: Brookings Institution Press
ISBN: 081572019X
Category : Law
Languages : en
Pages : 557

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Book Description
The right to a jury trial is a fundamental feature of the American justice system. In recent years, however, aspects of the civil jury system have increasingly come under attack. Many question the ability of lay jurors to decide complex scientific and technical questions that often arise in civil suits. Others debate the high and rising costs of litigation, the staggering delay in resolving disputes, and the quality of justice. Federal and state courts, crowded with growing numbers of criminal cases, complain about handling difficult civil matters. As a result, the jury trial is effectively being challenged as a means for resolving disputes in America. Juries have been reduced in size, their selection procedures altered, and the unanimity requirement suspended. For many this development is viewed as necessary. For others, it arouses deep concern. In this book, a distinguished group of scholars, attorneys, and judges examine the civil jury system and discuss whether certain features should be modified or reformed. The book features papers presented at a conference cosponsored by the Brookings Institution and the Litigation Section of the American Bar Association, together with an introductory chapter by Robert E. Litan. While the authors present competing views of the objectives of the civil jury system, all agree that the jury still has and will continue to have an important role in the American system of civil justice. The book begins with a brief history of the jury system and explains how juries have become increasingly responsible for decisions of great difficulty. Contributors then provide an overview of the system's objectives and discuss whether, and to what extent, actual practice meets those objectives. They summarize how juries function and what attitudes lawyers, judges, litigants, former jurors, and the public at large hold about the current system. The second half of the book is devoted to a wide range of recommendations that w

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.

Author: Clay S. Conrad
Publisher: Cato Institute
ISBN: 1939709016
Category : Law
Languages : en
Pages : 337

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The Founding Fathers guaranteed trial by jury three times in the Constitution—more than any other right—since juries can serve as the final check on government’s power to enforce unjust, immoral, or oppressive laws. But in America today, how independent c

Author: Edward G. Andrew
Publisher: University of Toronto Press
ISBN: 1442654309
Category : Political Science
Languages : en
Pages : 388

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Conscience and Its Critics is an eloquent and passionate examination of the opposition between Protestant conscience and Enlightenment reason in the seventeenth and eighteenth centuries. Seeking to illuminate what the United Nations Declaration of Rights means in its assertion that reason and conscience are the definitive qualities of human beings, Edward Andrew attempts to give determinate shape to the protean notion of conscience through historical analysis. The argument turns on the liberal Enlightenment's attempt to deconstruct conscience as an innate practical principle. The ontological basis for individualism in the seventeenth century, conscience was replaced in the eighteenth century by public opinion and conformity to social expectations. Focusing on the English tradition of political thought and moral psychology and drawing on a wide range of writers, Andrew reveals a strongly conservative dimension to the Enlightenment in opposing the egalitarian and antinomian strain in Protestant conscience. He then traces the unresolved relationship between reason and conscience through to the modern conception of the liberty of conscience, and shows how conscience served to contest social inequality and the natural laws of capitalist accumulation.

Author: Bethel G. A. Erastus-Obilo
Publisher: Universal-Publishers
ISBN: 1599426897
Category :
Languages : en
Pages : 348

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Book Description
Lay participation in the criminal justice process in the form of a jury is a celebrated phenomenon throughout the common law jurisdictions. While not claiming credit for its origin, England, as the latent cradle of the modern jury, disseminated this mode

Author: James Q. Whitman
Publisher: Yale University Press
ISBN: 0300116004
Category : Law
Languages : en
Pages : 286

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Book Description
To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Author: J. S. Cockburn
Publisher: Princeton University Press
ISBN: 1400859204
Category : Law
Languages : en
Pages : 433

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Book Description
Twelve Good Men and True brings together some of the most ambitious and innovative work yet undertaken on the history of an English legal institution. These eleven essays examine the composition of the criminal trial jury in England, the behavior of those who sat as jurors, and popular and official attitudes toward the institution of jury trial from its almost accidental emergence in the early thirteenth century until 1800. The essays have important implications for three problems central to the history of criminal justice administration in England: the way in which the medieval jury was informed and reached its verdict; the degree and form of independence enjoyed by juries during the early modern period when the powers of the bench were very great; and the role of the eighteenth-century trial jury, which, although clearly independent, was, by virtue of the status and experience of its members, arguably a mere extension of the bench. This extensive collection marks the first occasion on which scholars working in several different time periods have focused their attention on the history of a single legal institution. Written by J. M. Beattie, J. S. Cockburn, Thomas A. Green, Roger D. Groot, Douglas Hay, P.J.R. King, P. G. Lawson, Bernard William McLane, J. B. Post, Edward Powell, and Stephen K. Roberts, the essays utilize sophisticated techniques to establish from a variety of manuscript sources the wealth, status, and administrative experience of jurors. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author: Maureen Mulholland
Publisher: Manchester University Press
ISBN: 9780719063428
Category : History
Languages : en
Pages : 210

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Book Description
Now available in paperback for the first time, this book examines trials, civil and criminal, ecclesiastical and secular, in England and Europe between the thirteenth and the seventeenth centuries. Chapters consider the judges and juries and the amateur and professional advisers involved in legal processes as well as the offenders brought before the courts, with the reasons for prosecuting them and the defences they put forward. The cases examined range from a fourteenth century cause-célèbre, the attempted trial of Pope Boniface VIII for heresy, to investigations of obscure people for sexual and religious offences in the city states of Geneva and Venice. Technical terms have been cut to a minimum to ensure accessibility and appeal to lawyers, social, political and legal historians, undergraduate and postgraduates as well as general readers interested in the development of the trial through time.

Author: Thomas Andrew Green
Publisher:
ISBN:
Category :
Languages : en
Pages :

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