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Is This Any Way to Run a Jury?
It's not always easy to get before a jury, and only a small percentage of all trials do reach juries, but those that do are influential. The jury has an immediate impact. When the jury acts, the government complies at once. Deciding the facts in a dispute is important of course, because that's ostensibly what's asked of them. But while deciding the facts, the jury must really decide if the law or laws involved make good public policy - which means the jury is free to ignore the written law as if it did not exist - in other words, to "nullify" it. This is based on the doctrine that the people in the American republic (the Constitution does not use the word "democracy") are sovereigns and "All power is inherent in the people!" All power! The jury is composed of a representative group of equal sovereigns - intended to be large enough to be diverse, but small enough to be operable, and as sovereigns, they retain, inherently, all power.
Rape and the Culture of the Courtroom
Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom, Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom. Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman "asking for it," are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Gle...
We the Jury--
In We the Jury ... veteran jury watcher and historian Godfrey D. Lehman demonstrates the validity of the American constitutional republic, in which the people hold sovereign power and express their will more effectively by delivering verdicts of conscience than by voting. The jury, when it is independent, nullifies unjust laws, topples kings and, as a representative of the governed, holds the governors in thrall to its consent. The jury is Abraham Lincoln's "government of, by, and for the people" in operation.
Military Law Review
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For Chinese Only
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The Jury in Lincoln’s America
In the antebellum Midwest, Americans looked to the law, and specifically to the jury, to navigate the uncertain terrain of a rapidly changing society. During this formative era of American law, the jury served as the most visible connector between law and society. Through an analysis of the composition of grand and trial juries and an examination of their courtroom experiences, Stacy Pratt McDermott demonstrates how central the law was for people who lived in Abraham Lincoln’s America. McDermott focuses on the status of the jury as a democratic institution as well as on the status of those who served as jurors. According to the 1860 census, the juries in Springfield and Sangamon County, Il...
How Rights Went Wrong
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Military Law Review'
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