Criminal Jury Old and New

Criminal Jury Old and New
Author: John Hostettler
Publisher: Waterside Press
Total Pages: 171
Release: 2004-09-01
Genre: Law
ISBN: 190653408X

This text looks at great historical, political, social and legal landmarks to show how the jury evolved to become a key democratic institution resisting attacks, pressure, interference, legal imperatives, and on occasion, apparently compelling law or evidence. Bridging past and present, the author conveys the unique nature of the jury, its central role in the administration of justice and its importance as a barrier to manipulation, oppression and abuse.

The Criminal Jury Old and New

The Criminal Jury Old and New
Author: John Hostettler
Publisher: Waterside Press
Total Pages: 170
Release: 2004
Genre: Criminal justice, Administration of
ISBN: 1904380115

"This book is an account of the evolution of the jury and jury trial from early times to the present day including changes brought in by the Criminal Justice Act 2003 that widen the categories of people undertaking jury service." "The Criminal Jury Old and New traces the genesis of the historic system of 'trial by peers' from its roots as a replacement for trial by ordeal through all its great legal and political landmarks. It shows how the jury changed and developed across the centuries to become a key democratic institution capable of resisting monarchs, governments, pressure and interference - and, on occasion, the plain words of the law. It also looks at such intriguing concepts as 'jury nullification', 'perverse verdicts' and 'pious perjury'."--BOOK JACKET.

The Supreme Court against the Criminal Jury

The Supreme Court against the Criminal Jury
Author: John A. Murley
Publisher: Lexington Books
Total Pages: 141
Release: 2014-06-12
Genre: Political Science
ISBN: 0739136232

The Supreme Court against the Criminal Jury: Social Science and the Palladium of Liberty is an analysis of the United States Supreme Court decisions in what has come to be called the “jury-size” and “jury-decision rule” cases. In Williams v. Florida (1970) and Ballew v. Georgia (1978), a majority of the Supreme Court looked to history, empirical studies, and functional analysis to support its claim that there was “no discernible difference” between the verdicts of juries of six and juries of twelve. In the process the Court also decided that the number twelve was an historical accident and that the twelve-member jury was not an essential ingredient of trial by jury. Two years later, the Court, following essentially the same line of reasoning used in Williams, decided in the companion cases Apodaca v. Oregon (1972) and Johnson v. Louisiana (1972) that defendants were as well served with juries that reached verdicts by a majority vote of 11-1,10-2 and 9-3 as they were with unanimous jury verdicts. In these cases the Supreme Court rejected the centuries old common law view that the unanimous jury verdict was an essential element of trial by jury. With these four decisions, the criminal jury as it had been known for more than six hundred years under the common law and the Constitution was in principle abandoned. We critique these decisions from the perspective of unreliable jury studies and the impact of these decision on jury nullification.