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Offering an alternative view of the jury process, this book argues that each stage transforms ordinary citizens, who are oftentimes reluctant to serve on juries, into responsible jurors. Jurors, Professor Marder argues, are not found, but rather they are made and shaped by the jury process. This book analyzes each stage of this process, from initial summons to post-verdict interview, and shows how these stages equip jurors with experiences and knowledge that allow them to perform their new role ably. It adopts a holistic approach to the subject of jury reform and suggests reforms that will aid the transformation of citizens into jurors. By studying the jury from the perspective of jurors, it gives readers a better understanding of what takes place during jury trials and allows them to see juries, jurors, and the jury process in a new light.
Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries' use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decision-making.
This book gives a complete overview of America's jury system. It has three instructional goals: to show where the jury stands in America's rich legal history, to explain the defining features of today's jury, and to identify aspects of the jury where improvements can and should be made. It can be used as a primary textbook for a course, or as a supplement in any law school course that includes a unit on the jury.
Offers a comprehensive and comparative picture of how countries around the globe use ordinary citizens to decide criminal cases.
Offering an alternative view of the jury process, this book argues that each stage transforms ordinary citizens, who are oftentimes reluctant to serve on juries, into responsible jurors. Jurors, Nancy S. Marder argues, are not found, but rather they are made and shaped by the jury process. Analysing each stage of this process, from initial summons to post-verdict interview, this book shows how these stages equip jurors with experiences and knowledge that allow them to perform their new role ably. It adopts a holistic approach to the subject of jury reform and suggests reforms that will aid the transformation of citizens into jurors. By studying the jury from the perspective of jurors, it gives readers a better understanding of what takes place during jury trials and allows them to see juries, jurors, and the jury process in a new light.
"I owe a great debt to the many jurors, judges, lawyers, trial consultants, historians, and academics around the world from whom I have had the pleasure of learning about the jury. Traci Emerson Spackey of the George Washington University Law Library provided extraordinarily creative and effective help in locating images and other sources. Clifford Ando gave valuable recommendations about sources for the ancient world, and Daniela Cammack kindly provided drafts of her now-published article about Athenian juries. Trial lawyer Bobby Burchfield generously gave detailed and deeply knowledgeable comments on the manuscript. Karen Wahl provided expert assistance locating sources. I thank Morgan Rei...
This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal language, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopaedic in scope, the handbook includes chapters written by experts from every contentint who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.
First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
"Every year thousands of American citizens are summoned for the important civic duty of serving on a jury. What is their role, why is it a duty, and why is it so important? This unique and highly readable book is addressed to a lay audience. It will be useful for those citizens who have served on juries, for those who will someday be called to serve, and, indeed, for anyone who has an inquisitive mind about a crucial part of our legal system. Author Andrew Guthrie Ferguson lucidly describes the history of the jury and explains why juries play such a critical role in the contemporary American system of justice. Copies should be placed in the jury assembly rooms of every courthouse. The book can also be a useful supplement for high school civics courses"--Provided by publisher.
A leading law review now offers a quality eBook edition. The fourth and final issue of 2011 (Volume 78) features articles and essays from internationally recognized legal scholars and governmental leaders, including Cass Sunstein (on empirically informed regulation), Jonathan Bressler (on jury nullification and Reconstruction), Daniel Schwarcz (on standardized insurance policies), and Bertral Ross II (writing against constitutional mainstreaming in stautory interpretation). In addition, the issue includes a review essay on the book The Master Switch, as well as student Comments on such subjects as same-sex divorce, religious practices by prisoners, falsely claiming Medal of Honor status, and enhancement in federal sentencing. The issue is presented in modern eBook formatting and features active Tables of Contents; linked footnotes and URLs; and legible graphs and tables.