Majority Jury Verdicts In Civil Cases
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Author | : New South Wales. Law Reform Commission |
Publisher | : |
Total Pages | : 100 |
Release | : 2005 |
Genre | : Criminal procedure |
ISBN | : 9780734726193 |
It is generally considered that the requirement of unanimity results in more hung juries than does the alternative system of requiring only a majority of jurors to agree on a verdict. What constitutes a majority differs between jurisdictions that have embraced the concept, and may also depend on the type of offence being tried. This Report examines arguments for and against preserving the unanimity rule.
Author | : |
Publisher | : |
Total Pages | : 8 |
Release | : 1962 |
Genre | : Civil procedure |
ISBN | : |
Author | : Edward P. Schwartz |
Publisher | : |
Total Pages | : 52 |
Release | : 1995 |
Genre | : Jury |
ISBN | : |
Author | : Hans Zeisel |
Publisher | : |
Total Pages | : 28 |
Release | : 1973 |
Genre | : Jury |
ISBN | : |
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.
Author | : Harry Kalven |
Publisher | : |
Total Pages | : 0 |
Release | : 1966 |
Genre | : |
ISBN | : |
Author | : Reid Hastie |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 288 |
Release | : 2002 |
Genre | : Jury |
ISBN | : 1584772697 |
Hastie, Reid and Steven D. Penrod, Nancy Pennington. Inside the Jury. Cambridge: Harvard University Press, 1983. viii, 277 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2002025963. ISBN 1-58477-269-7. Cloth. $95. * "A landmark jury study." Contemporary Sociology. An important statistical study of the dynamics of jury selection and deliberation that offers a realistic jury simulation model, a statistical analysis of the personal characteristics of jurors, and a general assessment of jury performance based on research findings conducted by reputed scholars in the behavioral sciences. "The book will stand as the third great product of social research into jury operations, ranking with Kalven and Zeisel's The American Jury and Van Dyke's Jury Selection Procedures." American Bar Association Journal.
Author | : Valerie P. Hans |
Publisher | : Springer |
Total Pages | : 275 |
Release | : 2013-11-11 |
Genre | : Law |
ISBN | : 1489964630 |
Author | : Raoul Berger |
Publisher | : Harvard University Press |
Total Pages | : 416 |
Release | : 1974 |
Genre | : Law |
ISBN | : 9780674444782 |
The little understood yet great power of impeachment lodged in the Congress is dissected in this text through history by Raoul Berger, a leading scholar on the subject. He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside office, and on whether impeachment must precede indictment. Berger also finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St Clair.
Author | : Alan E. Gelfand |
Publisher | : |
Total Pages | : 20 |
Release | : 1973 |
Genre | : Jury |
ISBN | : |