Judging the Jury

Judging the Jury
Author: Valerie P. Hans
Publisher: Springer
Total Pages: 275
Release: 2013-11-11
Genre: Law
ISBN: 1489964630

The Jury Crisis

The Jury Crisis
Author: Drury R. Sherrod
Publisher: Rowman & Littlefield
Total Pages: 193
Release: 2019-02-08
Genre: Law
ISBN: 1538109549

Juries have a bad reputation. Often jurors are seen as incompetent, biased and unpredictable, and jury trials are seen as a waste of time and money. In fact, so few criminal and civil cases reach a jury today that trial by jury is on the verge of extinction. Juries are being replaced by mediators, arbitrators and private judges. The wise trial of “Twelve Angry Men” has become a fiction. As a result, a foundation of American democracy is about to vanish. The Jury Crisis: What’s Wrong with Jury Trials and How We Can Save Them addresses the near collapse of the jury trial in America – its causes, consequences, and cures. Drury Sherrod brings his unique perspective as a social psychologist who became a jury consultant to the reader, applying psychological research to real world trials and explaining why juries have become dysfunctional. While this collapse of the jury can be traced to multiple causes, including poor public education, the absence of peers and community standards in a class-stratified, racially divided society, and people’s reluctance to serve on a jury, the focus of this book is on the conduct of trials themselves, from jury selection to evidence presentation to jury deliberations. Judges and lawyers believe – wrongly – that jurors can put aside their biases, sit quietly through hours, days or weeks of conflicting testimony, and not make up their minds until they have heard all the evidence. Unfortunately, the human brain doesn’t work that way. A great deal of psychological research on jurors and other decision-makers shows that our brains intuitively leap to story-telling before we rationally analyze “facts,” or evidence. Weaving details into a narrative is how we make sense of the world, and it’s very hard to suppress this tendency. Consequently, a majority of jurors actually make up their minds before they have heard much of the evidence. Judges, arbitrators and mediators have similar biases. The Jury Crisis deals with an important social problem, namely the near collapse of a thousand year old institution, and proposes how to fix the jury system and restore trial by jury to a more prominent place in American society.

American Juries

American Juries
Author: Neil Vidmar
Publisher: Prometheus Books
Total Pages: 428
Release: 2009-09-25
Genre: Law
ISBN: 1615929878

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.

Punitive Damages

Punitive Damages
Author: Cass R. Sunstein
Publisher: University of Chicago Press
Total Pages: 299
Release: 2008-12-19
Genre: Law
ISBN: 0226780163

Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.

Juries, Lay Judges, and Mixed Courts

Juries, Lay Judges, and Mixed Courts
Author: Sanja Kutnjak Ivković
Publisher: Cambridge University Press
Total Pages: 380
Release: 2021-07-29
Genre: Law
ISBN: 110892297X

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.

Handbook for trial jurors serving in the United States District Courts

Handbook for trial jurors serving in the United States District Courts
Author:
Publisher:
Total Pages: 16
Release: 2003
Genre: Instructions to juries
ISBN:

... The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their role as jurors; explains some of the language and procedures used in court, and offers some suggestions helpful to jurors in performing their duty ...

Juries, Lay Judges, and Mixed Courts

Juries, Lay Judges, and Mixed Courts
Author: Sanja Kutnjak Ivković
Publisher: Cambridge University Press
Total Pages: 379
Release: 2021-07-29
Genre: Law
ISBN: 1108483941

Offers a comprehensive and comparative picture of how countries around the globe use ordinary citizens to decide criminal cases.

Madam Foreman

Madam Foreman
Author: Amana Cooley
Publisher: Phoenix Books
Total Pages: 292
Release: 2012-02-27
Genre: Law
ISBN: 1614670811

For better or worse The People vs. O.J. Simpson served as a mirror of modern America. It was all there - wealth, fame, celebrity, sex, race, adultery, drugs, domestic abuse, and murder - acted out by a cast that cut across all segments of society in a drama that polarized the nation. And to witness it, all anyone had to do was turn on the television. As winter turned to spring and spring to summer, opinions formed and then hardened. Research polls reported deep divisions along racial lines and the opininon pages filled with commentary that tried to explain how so many could look at the same evidence and reach such starkly different conclusions. But what people saw in the trial of the century simply reflected their own backgrounds and beliefs. In the end, that was the most revealing verdict of all. Capturing the experiences of the jurors who decided this trial was not an easy feat. Throughout this book the insight and opinions of the primary narrators, Juror #230, foreperson Armanda Cooley; Juror # 98, Carrie Bess; and Juror #984, Marsha Rubin-Jackson, are expressed in their own words. Only they can, and do, reveal the view from the jury box." Phoenix Books is pleased to offer Madam Foreman in newly created ebook format which has been digitally enhanced to include a fully linked table of contents to ensure an enjoyable reading experience on all portable devices.

When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence

When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence
Author: Katherine B Forrest
Publisher: World Scientific
Total Pages: 159
Release: 2021-04-08
Genre: Computers
ISBN: 9811232741

'Is it fair for a judge to increase a defendant's prison time on the basis of an algorithmic score that predicts the likelihood that he will commit future crimes? Many states now say yes, even when the algorithms they use for this purpose have a high error rate, a secret design, and a demonstratable racial bias. The former federal judge Katherine Forrest, in her short but incisive When Machines Can Be Judge, Jury, and Executioner, says this is both unfair and irrational ...' See full reviewJed S RakoffUnited States District Judge for the Southern District of New YorkNew York Review of Books This book explores justice in the age of artificial intelligence. It argues that current AI tools used in connection with liberty decisions are based on utilitarian frameworks of justice and inconsistent with individual fairness reflected in the US Constitution and Declaration of Independence. It uses AI risk assessment tools and lethal autonomous weapons as examples of how AI influences liberty decisions. The algorithmic design of AI risk assessment tools can and does embed human biases. Designers and users of these AI tools have allowed some degree of compromise to exist between accuracy and individual fairness.Written by a former federal judge who lectures widely and frequently on AI and the justice system, this book is the first comprehensive presentation of the theoretical framework of AI tools in the criminal justice system and lethal autonomous weapons utilized in decision-making. The book then provides a comprehensive explanation as to why, tracing the evolution of the debate regarding racial and other biases embedded in such tools. No other book delves as comprehensively into the theory and practice of AI risk assessment tools.