We the Jury

Author: Jeffrey B. Abramson
Publisher: Harvard University Press
ISBN: 0674004302
Release Date: 2000
Genre: Law

This magisterial book explores fascinating cases from American history to show how juries remain the heart of our system of criminal justice - and an essential element of our democracy. No other institution of government rivals the jury in placing power so directly in the hands of citizens. Jeffrey Abramson draws upon his own background as both a lawyer and a political theorist to capture the full democratic drama that is the jury. We, the Jury is a rare work of scholarship that brings the history of the jury alive and shows the origins of many of today's dilemmas surrounding juries and justice.

Crime and Justice

Author: Carolyn Boyes-Watson
Publisher: Rowman & Littlefield
ISBN: 9781538106914
Release Date: 2018-03-08
Genre: Social Science

Crime and Justice offers a comprehensive introduction to the U.S criminal justice system through fifteen historical and contemporary case studies. The third edition has been revised and streamlined throughout, featuring new material on race, the war on drugs, police violence, “stand your ground” laws and gun laws, and more. Each chapter opens with an engaging case study followed by an explanatory chapter that teaches core concepts, key terms, and critical issues. The cases serve multiple learning objectives: illustrating concepts applied in real life; exploring sociological issues of race, class, gender, and power; and teaching students the law and processes of the justice system. Crime and Justice is excellent for any course that introduces students to the criminal justice system. A complimentary Instructor’s Manual and Test Bank are available, as well as an open-access Companion Website for students that includes interactive flashcards, links to online video and media, and other learning material. Visit http://textbooks.rowman.com/boyes-watson3e or email [email protected] for more information.

The Jury and Democracy

Author: John Gastil
Publisher: Oxford University Press
ISBN: 9780199888535
Release Date: 2010-11-10
Genre: Political Science

Alexis de Tocqueville, John Stuart Mill, and the U.S. Supreme Court have all alleged that jury service promotes civic and political engagement, yet none could prove it. Finally, The Jury and Democracy provides compelling systematic evidence to support this view. Drawing from in-depth interviews, thousands of juror surveys, and court and voting records from across the United States, the authors show that serving on a jury can trigger changes in how citizens view themselves, their peers, and their government--and can even significantly increase electoral turnout among infrequent voters. Jury service also sparks long-term shifts in media use, political action, and community involvement. In an era when involved Americans are searching for ways to inspire their fellow citizens, The Jury and Democracy offers a plausible and realistic path for turning passive spectators into active political participants.

Jury Ethics

Author: John Kleinig
Publisher: Routledge
ISBN: 9781317257127
Release Date: 2015-12-03
Genre: Social Science

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 have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. 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? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Contributors: Jeffrey Abramson, B. Michael Dann, Shari Seidman Diamond, Norman J. Finkel, Paula Hannaford-Agor, Valerie P. Hans, Julie E. Howe, Nancy J. King, John Kleinig, James P. Levine, Candace McCoy, G. Thomas Munsterman, Maureen O'Connor, Steven Penrod, Alan W. Scheflin, Neil Vidmar

Prove It with Figures

Author: Hans Zeisel
Publisher: Springer Science & Business Media
ISBN: 0387948929
Release Date: 1997-07-31
Genre: Law

This book presents statistical and social science research methods for lawyers and students of the law. Hans Zeisel's studies represent the blending of the best of European and American sociology, psychology, and other social sciences with jurisprudence. David Kaye picks up Zeisel's torch of statistically-based factfindindg, illuminating the latest developments in the field of legal statistics.

Understanding the Law

Author: Attorney Charles Jerome Ware
Publisher: iUniverse
ISBN: 9781440111457
Release Date: 2008-11
Genre: Law

The attorney-client relationship is one of the most important and delicate relationships in all of legaldom (if there is such a word). Lawyers cannot exist without clients. With rare exceptions, clients cannot make it without lawyers. The foundation of the attorney-client relationship is trust. Without the element of trust between the client and the attorney, the relationship simply will not work out. I am reminded of the story about the man who hated to worry about anything and went looking for a surrogate worrier. He approached a lawyer about the issue and said: Potential client: "I would like to retain your services. I'll give a thousand dollars if you will do the worrying for me." Lawyer: "That's fine. I'll do it. Now where's the thousand dollars?" Potential client: "That's your first worry." Trust works both ways in an attorney-client relationship. In order for an attorney to help the client, the attorney needs to know everything about the client's problem or issue. Most clients do not understand that, or simply ignore this point. In any event, few clients abide by it. To encourage clients to speak freely and reveal all to their lawyer concerning their problem or issue, the law grants an absolute attorney-client privilege. Whatever the client tells the lawyer about his or her case is secret and strictly confidential. Only with the client's expressed permission can the attorney reveal this secret and confidential information.

Murder and the Reasonable Man

Author: Cynthia Lee
Publisher: NYU Press
ISBN: 9780814765142
Release Date: 2007-10-01
Genre: Law

A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.

Rape and the Culture of the Courtroom

Author: Andrew E. Taslitz
Publisher: NYU Press
ISBN: 0814782299
Release Date: 1999-06-01
Genre: Law

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 Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients. Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases.

The Trial on Trial Volume 3

Author: R A Duff
Publisher: Bloomsbury Publishing
ISBN: 9781847313881
Release Date: 2007-11-20
Genre: Law

The criminal trial is under attack. Traditional principles have been challenged or eroded; in England and Wales the right to trial by jury has been restricted and rules concerning bad character evidence, double jeopardy and the right to silence have been substantially altered to "rebalance" the system in favour of victims. In the pursuit of security, particularly from terrorism, the right to a fair trial has been denied to some altogether. In fact trials have for a long time been an infrequent occurrence, most criminal convictions being the consequence of a guilty plea. Moreover, while this very public struggle over the future of the criminal trial is conducted, there is also a less publicly observed controversy about the significance of trials in modern society. Trials are under normative attack, their value being doubted by those who seek different kinds of process - conciliatory or restorative - to address the needs of victims and move away from the imposition of state power through trials and punishments. This book seeks to develop a normative theory of the criminal trial as a way of defending the importance of trials in our criminal justice system. The trial, it is suggested, calls defendants to answer a charge and, if they are criminally responsible, to account for their conduct. The trial is seen as a communicative process through which the defendant can challenge claims of wrongdoing made against him, including the norms in the light of which those claims are made. The book develops this communicative theory by first making a careful study of the history of trials, before moving on to outline the theory, which is then developed through chapters looking at the practices and principles of trials, alternative regulatory models, the roles of participants, the relationship between investigation and trial and trials as public fora.

Manifest Destinies

Author: Laura E. Gómez
Publisher: NYU Press
ISBN: 0814732038
Release Date: 2007-10-11
Genre: History

Watch the Author Interview on KNME In both the historic record and the popular imagination, the story of nineteenth-century westward expansion in America has been characterized by notions of annexation rather than colonialism, of opening rather than conquering, and of settling unpopulated lands rather than displacing existing populations. Using the territory that is now New Mexico as a case study, Manifest Destinies traces the origins of Mexican Americans as a racial group in the United States, paying particular attention to shifting meanings of race and law in the nineteenth century. Laura E. Gómez explores the central paradox of Mexican American racial status as entailing the law's designation of Mexican Americans as &#“white” and their simultaneous social position as non-white in American society. She tells a neglected story of conflict, conquest, cooperation, and competition among Mexicans, Indians, and Euro-Americans, the region’s three main populations who were the key architects and victims of the laws that dictated what one’s race was and how people would be treated by the law according to one’s race. Gómez’s path breaking work—spanning the disciplines of law, history, and sociology—reveals how the construction of Mexicans as an American racial group proved central to the larger process of restructuring the American racial order from the Mexican War (1846–48) to the early twentieth century. The emphasis on white-over-black relations during this period has obscured the significant role played by the doctrine of Manifest Destiny and the colonization of northern Mexico in the racial subordination of black Americans.

Defending the Jury

Author: Laura I Appleman
Publisher: Cambridge University Press
ISBN: 9781107043541
Release Date: 2015-04-13
Genre: Law

This book exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community's voice. It sets forth a new approach to twenty-first-century criminal justice and punishment, one that fully involves the community, providing a better way to make our criminal process more transparent and inclusive.

The New Jim Crow

Author: Michelle Alexander
Publisher: Antje Kunstmann
ISBN: 9783956141591
Release Date: 2016-10-19
Genre: Political Science

Die Wahl von Barack Obama im November 2008 markierte einen historischen Wendepunkt in den USA: Der erste schwarze Präsident schien für eine postrassistische Gesellschaft und den Triumph der Bürgerrechtsbewegung zu stehen. Doch die Realität in den USA ist eine andere. Obwohl die Rassentrennung, die in den sogenannten Jim-Crow-Gesetzen festgeschrieben war, im Zuge der Bürgerrechtsbewegung abgeschafft wurde, sitzt heute ein unfassbar hoher Anteil der schwarzen Bevölkerung im Gefängnis oder ist lebenslang als kriminell gebrandmarkt. Ein Status, der die Leute zu Bürgern zweiter Klasse macht, indem er sie ihrer grundsätzlichsten Rechte beraubt – ganz ähnlich den explizit rassistischen Diskriminierungen der Jim-Crow-Ära. In ihrem Buch, das in Amerika eine breite Debatte ausgelöst hat, argumentiert Michelle Alexander, dass die USA ihr rassistisches System nach der Bürgerrechtsbewegung nicht abgeschafft, sondern lediglich umgestaltet haben. Da unter dem perfiden Deckmantel des »War on Drugs« überproportional junge männliche Schwarze und ihre Communities kriminalisiert werden, funktioniert das drakonische Strafjustizsystem der USA heute wie das System rassistischer Kontrolle von gestern: ein neues Jim Crow.

Tocqueville and the Frontiers of Democracy

Author: Richard Boyd
Publisher: Cambridge University Press
ISBN: 9781107009639
Release Date: 2013-03-29
Genre: Philosophy

Alexis de Tocqueville is widely cited as an authority on civil society, religion, and American political culture, yet his thoughts on democratization outside the West and the challenges of a globalizing age are less known and often misunderstood. This collection of essays by a distinguished group of international scholars explores Tocqueville's vision of democracy in Asia and the Middle East; the relationship between globalization and democracy; colonialism, Islam, and Hinduism; and the ethics of international relations. Rather than simply documenting Tocqueville's own thoughts, the volume applies the Frenchman's insights to enduring dilemmas of democratization and cross-cultural exchanges in the twenty-first century. This is one of the few books to shift the focus of Tocqueville studies away from America and Western Europe, expanding the frontiers of democracy and highlighting the international dimensions of Tocqueville's political thought.

Wie Demokratien sterben

Author: Steven Levitsky
Publisher: DVA
ISBN: 9783641222918
Release Date: 2018-05-29
Genre: Political Science

Ausgezeichnet mit dem NDR Kultur Sachbuchpreis 2018 als bestes Sachbuch des Jahres Demokratien sterben mit einem Knall oder mit einem Wimmern. Der Knall, also das oft gewaltsame Ende einer Demokratie durch einen Putsch, einen Krieg oder eine Revolution, ist spektakulärer. Doch das Dahinsiechen einer Demokratie, das Sterben mit einem Wimmern, ist alltäglicher – und gefährlicher, weil die Bürger meist erst aufwachen, wenn es zu spät ist. Mit Blick auf die USA, Lateinamerika und Europa zeigen die beiden Politologen Steven Levitsky und Daniel Ziblatt, woran wir erkennen, dass demokratische Institutionen und Prozesse ausgehöhlt werden. Und sie sagen, an welchen Punkten wir eingreifen können, um diese Entwicklung zu stoppen. Denn mit gezielter Gegenwehr lässt sich die Demokratie retten – auch vom Sterbebett.