Justice, democracy and the jury
Author(s)
Bibliographic Information
Justice, democracy and the jury
Ashgate , Dartmouth, c1997
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Note
Includes bibliographical references (p. 227-242) and indexes
Description and Table of Contents
Description
Within this text, James Gobert looks at the role and function of the jury and the individual juror. He examines these from a number of perspectives: legal, historical, political, psychological and philosophical. The objective of the volume is to bring together the lessons to be gleaned from the various disciplines which have studied jury-related issues in an attempt to gain a deeper, fuller understanding of the jury. The American and British jury systems are compared in the book, but the comparative study does not extend to any further countries.
Table of Contents
- Part 1 Justice and the jury: the conventional view of the jury's role
- clues to a different role
- a four-stage process of adjudication
- jury justice
- reaching consensus on a just verdict
- the hierarchy between law and justice. Part 2 Doing justice: the justice of the law
- the justice of sanction
- the jury and legislative reform
- the jury in a resisting roll
- the jury in an individualistic rawly
- the justice of the criminal justice system
- heightening the jury's sensitivity to the demands of justice. Part 3 Judge versus jury: the jury and its critics
- a question of competency
- the problem of bias
- corruptibility
- the judge's dilemma
- the mathematical advantages of the jury
- fact-finding
- the synergism and dialectics of jury deliberation. Part 4 Democracy and the jury: the selection of a jury
- the democracy of the jury
- the democratic dividend
- the jury as democratic determiners of the law
- the democratization of the British jury
- the democratization of US jury
- democracy and the peremptory challenge
- exemptions and excusals. Part 5 Justice versus democracy: peers and prejudice
- proportional representation
- democracy's threat to justice
- conscience versus constituency
- the primacy of justice
- a balancing of biases
- the dynamics of the democratic jury. Part 6 The selection and training of jurors: impartiality
- the relationship between knowledge and impartiality
- the myth of the impartial juror
- the search for impartial jurors
- the role of the court in the jury selection. Part 7 From the world of law to the world at large: the jury as process
- democracy in decline
- recapturing democracy
- citizens' juries in practice
- learning from citizens juries
- reinventing representative government.
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