Reasons and Inclusion: the Foundation of Deliberation*
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Crosby K. Before the Criminal Justice and Courts Act 2015: Juror Punishment in Nineteenth- and Twentieth-Century England. Legal Studies 2015 DOI: 10.1111/Lest.12098
Crosby K. Before the Criminal Justice and Courts Act 2015: Juror Punishment in Nineteenth- and Twentieth-Century England. Legal Studies 2015 DOI: 10.1111/lest.12098 Copyright: This is the peer reviewed version of the above article, which has been published in final form at http://dx.doi.org/10.1111/lest.12098. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving. Date deposited: 27/07/2015 Embargo release date: 21 December 2017 Newcastle University ePrints - eprint.ncl.ac.uk Before the Criminal Justice and Courts Act 2015: Juror Punishment in Nineteenth- and Twentieth- Century England Kevin Crosby* The Criminal Justice and Courts Act 2015 has created several new offences regarding juror misconduct. While this legislation has been passed in response to jurors accessing improper ‘evidence’ online, it is wrong to treat juror misconduct as a new problem. The most famous case on this topic (Bushell’s Case) did not completely prohibit juror punishment, but the rhetorical force of the decision was such that penal practices have until recently been overlooked in the academic literature. This article argues that assessing the new offences is greatly helped by understanding how juror misconduct has been responded to in the past. Drawing on the language of Bushell’s Case itself, as well as new archival research, it argues that previous practices of juror punishment have largely depended on whether particular instances of misconduct related to the juror’s ‘ministerial’ or ‘judicial’ functions; and that ‘judicial’ offences (those relating to verdict formation) have been much less likely to be punished. -
Gekekal Statutes
' ,0~~.0 X-^t-^ GEKEKAL STATUTES OF THE STATE OF MINNESOTA: REVISED BY. COMMISSIONERS APPOINTED UNDER AN ACT APPROVED FEBRUARY 17, 1863, AND ACTS SUBSEQUENT THERETO, AMENDED BY THE LEGISLATURE, AND PASSED AT THE SESSION OF 1866. TO WHICH THE CONSTITUTION OF THE UNITED STATES, THE ORGANIC ACT, THE ACT AUTHORIZING A STATE GOVERNMENT, AND THE CONSTITUTION OF THE STATE OF MINNESOTA, ARE PREFIXED ; AND A LIST OF ACTS PREVIOUSLY REPEALED, A GLOSSARY, AND INDEX, ARE ADDED. «II»II» Edited and. Ihiblished under the authority of Chapters 15 and 16 of the Laws of 1866. «!•«••» ST. PAUL. PUBLISHED BY DAVIDSON & HALL, STATE PRINTERS, 170 THIRD STREET. 1872. MINNESOTA STATUTES 1866 114.] ISSUES AND MODE OP TRIAL. 655 c EAPTEE CXIT./^^ % ISSUES AND MODE OP TRIAL, r jC v SECTION SECTION " 1. Issue of fact arises, when. 14. What papers jury may take on retiring for 2. Shall be tried by jury. deliberation. > 3. Trial had in absence of defendant, when. 15 Jury may return into court for information 4. Continuance may be granted. concerning law or testimony. 5. Court may order defendant to bo committed. 16. Jury may be discharged, if one falls sick. 6. Separate trial in case of two or more defend- 17. Cause may be tried second time, when. ants allowed, when. 18. "What verdict jury may find in certain cases. 7. One joint defendant may be discharged to be 19. Jury may render verdict as to part of several witness for the state. defendants. 8. Defendant may be discharged to be witness for 20. Jury may be polled. -
The Role of Race in Jury Impartiality and Venue Transfers Darryl K
Maryland Law Review Volume 53 | Issue 1 Article 5 The Role of Race in Jury Impartiality and Venue Transfers Darryl K. Brown Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Constitutional Law Commons Recommended Citation Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 Md. L. Rev. 107 (1994) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol53/iss1/5 This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. THE ROLE OF RACE IN JURY IMPARTIALITY AND VENUE TRANSFERS DARRYL IL BROWN* I. INTRODUCrION A. Two Cases in Point In 1990, Washington, D.C., Mayor Marion Barry was indicted on fourteen charges of drug possession and perjury arising from a federal investigation that yielded a videotape of Barry smoking crack cocaine in Washington's Vista Hotel.1 Barry and his attorney chose not to seek a change of venue for the trial, despite overwhelming pretrial public- ity about the case that included constant replays of the incriminating videotape on local television stations.2 The jury, drawn from the Dis- trict and comprised mostly of African Americans,3 convicted Barry, an African American, of only one misdemeanor possession charge-not the one arising from the videotape.4 The verdict was generally viewed as a victory for the defendant.' * Staff Attorney, University of Georgia School of Law Legal Aid Clinic. -
Two Ideals of Jury Deliberation Jeffrey Abramson [email protected]
University of Chicago Legal Forum Volume 1998 | Issue 1 Article 6 Two Ideals of Jury Deliberation Jeffrey Abramson [email protected] Follow this and additional works at: http://chicagounbound.uchicago.edu/uclf Recommended Citation Abramson, Jeffrey () "Two Ideals of Jury Deliberation," University of Chicago Legal Forum: Vol. 1998: Iss. 1, Article 6. Available at: http://chicagounbound.uchicago.edu/uclf/vol1998/iss1/6 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. Two Ideals of Jury Deliberation Jeffrey Abramsont Several recent works of political theory have put forward a model of democracy that gives deliberation, and popular participation in deliberation, a central place in resolving moral disagreements among citizens.' Rather than shunting moral disputes as irresolvable or leaving their solution to the courts, theorists of democratic deliberation have argued that disputes over fundamental moral values have a place in politics and that citizens motivated by mutual respect toward their opponents or similar constraints can reason publicly to attain justifiable conclusions. As philosophers Amy Gutmann and Dennis Thompson put it, the "core idea" behind deliberative democracy is simple: even "when citizens or their representatives disagree morally, they should continue to reason together to reach mutually acceptable decisions." 2 When asked to give a practical example of such deliberation, deliberative democracy theorists often cite the jury as an institution that embodies the ideal of using collective reasoned discussion to attain a common verdict. -
Federal Rule of Evidence 606(B) and the Constitutional Right to a Fair Trial
SMU Law Review Volume 38 Issue 5 Article 3 1984 Challenge to the Decisionmaking Process - Federal Rule of Evidence 606(b) and the Constitutional Right to a Fair Trial Peter N. Thompson Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation Peter N. Thompson, Challenge to the Decisionmaking Process - Federal Rule of Evidence 606(b) and the Constitutional Right to a Fair Trial, 38 SW L.J. 1187 (1984) https://scholar.smu.edu/smulr/vol38/iss5/3 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. CHALLENGE TO THE DECISIONMAKING PROCESS-FEDERAL RULE OF EVIDENCE606(b) AND THE CONSTITUTIONAL RIGHT TO A FAIR TRIAL by Peter N. Thompson * INCE Lord Mansfield's day courts have jealously guarded the secrecy of jury deliberations by a competency rule limiting juror testimony on post-trial motions for new trial. Although courts cite the interest in juror privacy--encouraging free and robust debate and avoiding juror har- assment-as justification for the rule, the primary concern is to ensure the finality of jury verdicts. Recent studies,I as well as published opinions, doc- ument the obvious, that lay jurors frequently discuss improper matters in the jury room and base their decisions in part on improper considerations. Thus, too close a look at jury deliberations will reveal improprieties in a large number of cases, damaging the finality and public acceptance of jury verdicts. -
An Overview of Significant Findings from The
AN OVERVIEW OF SIGNIFICANT FINDINGS FROM THE CAPITAL JURY PROJECT AND OTHER EMPIRICAL STUDIES OF THE DEATH PENALTY RELEVANT TO JURY SELECTION, PRESENTATION OF EVIDENCE AND JURY INSTRUCTIONS IN CAPITAL CASES JOHN H. BLUME CORNELL LAW SCHOOL 110 MYRON TAYLOR HALL ITHACA, NY 14853-4901 (607) 255-1030 [email protected] FALL 2008 Introduction The Capital Jury Project Studies--and other less comprehensive empirical and mock juror studies--provide extraordinarily useful information for lawyers involved in capital litigation. In this memorandum, I will provide an overview of selected, significant empirical findings, and, in some instances, offer suggestions as to how these findings may be used by capital defense lawyers. There is a temptation to ignore these studies, in part because some of the information contained in them is not encouraging or goes against the “conventional wisdom.” I am convinced, however, that we are better off confronting the information, and making fresh assessments about appropriate responses. This is not to say that there aren’t methodological problems with some of these studies, nor is it to deny that any individual study fail to capture the complexity of capital litigation. But there is valuable information here, particularly about what can go wrong, and what can be done to avoid some well-established pitfalls. I hope that this memorandum will facilitate the discussion and implementation of creative strategies leading to more effective representation of both clients facing the death penalty and those who have been sentenced to death. Additionally, if you have ideas for empirical research projects in your state that may be of interest to the Cornell Death Penalty Project, please do not hesitate to contact me. -
An Overview of Significant
AN OVERVIEW OF SIGNIFICANT FINDINGS FROM THE CAPITAL JURY PROJECT AND OTHER EMPIRICAL STUDIES OF THE DEATH PENALTY RELEVANT TO JURY SELECTION, PRESENTATION OF EVIDENCE AND JURY INSTRUCTIONS IN CAPITAL CASES JOHN H. BLUME CORNELL LAW SCHOOL 110 MYRON TAYLOR HALL ITHACA, NY 14853-4901 (607) 255-1030 [email protected] FALL 2008 Introduction The Capital Jury Project Studies--and other less comprehensive empirical and mock Juror studies--provide extraordinarily useful information for lawyers involved in capital litigation. In this memorandum, I will provide an overview of selected, significant empirical findings, and, in some instances, offer suggestions as to how these findings may be used by capital defense lawyers. There is a temptation to ignore these studies, in part because some of the information contained in them is not encouraging or goes against the “conventional wisdom.” I am convinced, however, that we are better off confronting the information, and making fresh assessments about appropriate responses. This is not to say that there areN’t methodological problems with some of these studies, nor is it to deny that any individual study fail to capture the complexity of capital litigation. But there is valuable information here, particularly about what can go wrong, and what can be done to avoid some well-established pitfalls. I hope that this memorandum will facilitate the discussion and implementation of creative strategies leading to more effective representation of both clients facing the death penalty and those who have been sentenced to death. Additionally, if you have ideas for empirical research projects in your state that may be of interest to the Cornell Death Penalty Project, please do not hesitate to contact me. -
PROPOSED SCRIPT- Petit Jury
FINAL SCRIPT- Petit Jury Orientation Video "Your Turn" BYRON PITTS (OC) So you’ve been called for jury duty. Everyone who is eligible must serve rich or poor, of any religious or racial background. Today, we know more than ever that the right to a fair trial cannot be ensured by police or any other authorities. It can only be ensured by the direct, day-to-day participation of we the people. And that’s why you - are here today. BYRON PITTS (OC) Hi. I’m Byron Pitts, and I’m going to take you through what you can expect when you sit on a jury. Of course, one of the reasons courtrooms and trials are so popular with the media is that in many ways they are like dramatic theater. First of all, we have conflict - a dispute that comes to a showdown in a courtroom... and we don’t know how it will come out until the trial ends. CUT TO GRAPHIC CRIMINAL Opponents: State vs. Defendat (s) In a criminal trial, we have on one side the people of the state of New York, represented by a prosecuting attorney. On the other side a defendant, charged with violating a state law or laws. CUT TO GRAPHIC CRIMINAL Opponents: State vs. Defendat (s) Issue: Was a crime actually committed? Did the defendant(s) commit it? 1 In a criminal trial the jury decides if the district attorney has proved beyond a reasonable doubt that the defendant violated the law. CUT TO GRAPHIC CIVIL Opponents: Plaintiff(s) vs. Defendant(s) In a civil trial, we have a plaintiff - a party who claims to have been wronged.. -
Jury Nullification in a New Context
University of Michigan Journal of Law Reform Volume 28 1995 Fictions, Fault, and Forgiveness: Jury Nullification in a New Context David N. Dorfman Pace University School of Law Chris K. Iijima Western New England College, School of Law Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Courts Commons, Legal History Commons, and the Rule of Law Commons Recommended Citation David N. Dorfman & Chris K. Iijima, Fictions, Fault, and Forgiveness: Jury Nullification in a New Context, 28 U. MICH. J. L. REFORM 861 (1995). Available at: https://repository.law.umich.edu/mjlr/vol28/iss4/4 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. FICTIONS, FAULT, AND FORGIVENESS: JURY NULLIFICATION IN A NEW CONTEXT David N. Dorfman• Chris K. lijima •• Recently, critics of the Anglo-American jury system have com plained that juries in criminal trials have been ignoring the law, in favor of defendants who claim that they lack criminal respon sibility because they are affiicted by the various victimization syndromes now popularized in the mass media. In this Article, Pro fessors Dorfman and Iijima counter this characterization of the "runaway" jury and argue that juries are not ignoring the law, but rather, are exercising a primary power of the jury, to nullify the application of the law when such application to a particular defen dant is unjust. -
State Court Jury Trial Plan June 1, 2021 – June 30, 2021
The State Court Jury Trial Plan June 1, 2021 – June 30, 2021 Contents Continuation of Petit Jury Trials in the NH Superior Court ................................................................................ 2 Trial Details ..................................................................................................................................................... 2 Timeline/Deadlines ......................................................................................................................................... 3 Summonses for Prospective Jurors ................................................................................................................ 3 Jury Selection .................................................................................................................................................. 3 Trial Protocols ................................................................................................................................................. 5 Courtroom Setup ............................................................................................................................................ 8 Protective Measures Taken for Jury Trials ..................................................................................................... 9 Appendix A: Selecting Cases for Jury Trials ...................................................................................................... 11 Appendix C: Supplemental Jury Questionnaire ............................................................................................... -
A Jury of Her Peers: the Impact of the First Female Jurors on Criminal Convictions*
Working Paper A Jury of Her Peers The Impact of the First Female Jurors on Criminal Convictions Shamena Anwar, Patrick Bayer, Randi Hjalmarsson RAND Justice, Infrastructure, and Environment WR-1146 March 2016 RAND working papers are intended to share researchers’ latest findings and to solicit informal peer review. They have been approved for circulation by the RAND Justice, Infrastructure, and Environment but have not been formally edited or peer reviewed. Unless otherwise indicated, working papers can be quoted and cited without permission of the author, provided the source is clearly referred to as a working paper. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. is a registered trademark. For more information on this publication, visit www.rand.org/pubs/working_papers/WR1146.html Published by the RAND Corporation, Santa Monica, Calif. © Copyright 2016 RAND Corporation R® is a registered trademark Limited Print and Electronic Distribution Rights This document and trademark(s) contained herein are protected by law. This representation of RAND intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited. Permission is given to duplicate this document for personal use only, as long as it is unaltered and complete. Permission is required from RAND to reproduce, or reuse in another form, any of its research documents for commercial use. For information on reprint and linking permissions, please visit www.rand.org/pubs/permissions.html. The RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. -
Mock Trial Script the Case of a Stolen Car
SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA Mock Trial Script The Case of a Stolen Car This mock trial is appropriate for middle and high school students. The script includes a role for a narrator, who explains the action and provides direction to the other actors. Instructions • Time: Allow approximately 1 1/2 hours to complete the trial, including the jury deliberation • Room set up: Set up like a court room; http://www.factmonster.com/ipka/A0769420.html Materials needed: Table tents or name tags with name of each role; a set of car keys; a verdict form (see attached) • Roles: Bailiff Judge District Attorney Public Defender Clerk Deputy District Attorney Guide Car owner Court Reporter Police Officer Expert Defendant Jurors (all those who are not assigned one of the above roles is a juror) 2 MOCK TRIAL SCRIPT Bailiff: All rise. [Wait for everyone-except the judge- to stand.] Department One of the Superior Court is now in session. Judge (first name) presiding. Please be seated. Judge: Good morning, ladies and gentlemen. Calling the case of the People of the State of California versus (defendant’s first name). Are both sides ready? District Attorney: Ready for the People, Your Honor. Public Defender: Ready for the defense, Your Honor Judge: Will the clerk please swear in the jury? Clerk: Will the jury please stand and raise your right hand? [Wait for everyone to stand.] Do each of you swear that you will fairly try the case before this court, and that you will return a true verdict according to the evidence and the instructions of the court, so help you, God? Please say “I do”.