Justice, democracy and the jury

Bibliographic Information

Justice, democracy and the jury

James Gobert

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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Details

  • NCID
    BA34695905
  • ISBN
    • 1855212633
  • LCCN
    97013531
  • Country Code
    uk
  • Title Language Code
    eng
  • Text Language Code
    eng
  • Place of Publication
    Brookfield, Vt.,Aldershot
  • Pages/Volumes
    x, 253 p.
  • Size
    23 cm
  • Classification
  • Subject Headings
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