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Judging the Jury
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Juries, Lay Judges, and Mixed Courts
Offers a comprehensive and comparative picture of how countries around the globe use ordinary citizens to decide criminal cases.
The Psychology of Tort Law
"This book explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, the authors examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law."--Page 4 of cover.
American Juries
This monumental and comprehensive volume reviews more than 50 years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system.
Jury Ethics
Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice to hold out against or capitulate to their fellow jurors? Is it acceptable to form alliances? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these...
Demystifying Legal Reasoning
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
The Missing American Jury
This book explores why juries have declined in power and how the federal government and the states have taken the jury's authority.
Everyday Practices and Trouble Cases
Everyday Practices and Trouble Cases asks how law helps to constitute the worlds in which we live every day, and how law responds to disruptions and disputes that arise in various realms. Leading scholars explore the dichotomy between everyday practices and trouble cases, and the way various kinds of research have addressed that dichotomy, illuminating the pervasive role of law in social life as well as the capacity of law to respond to social conflict.
The Psychology of Juries
This volume summarizes what is known about the psychology of juries and offers a robust research agenda to keep scholars busy in years to come.
Criminal Juries in the 21st Century
The jury is often hailed as one of the most important symbols of American democracy. Yet much has changed since the Sixth Amendment in 1791 first guaranteed all citizens the right to a jury trial in criminal prosecutions. Experts now have a much more nuanced understanding of the psychological implications of being a juror, and advances in technology and neuroscience make the work of rendering a decision in a criminal trial more complicated than ever before. Criminal Juries in the 21st Century explores the increasingly wide gulf between criminal trial law, procedures, and policy, and what scientific findings have revealed about the human experience of serving as a juror. Readers will contempl...
