Jury Duty: Reclaiming Your Political Power and Taking Responsibility

by Michael Singer

Overview

Written by a legal scholar for the general reader, this book demystifies the institution of the jury and validates its political power, providing valuable insights for the more than 30 million Americans who receive a jury summons each year.

Jury Duty: Reclaiming Your Political Power and Taking Responsibility presents an accessible account of the origins and development of the jury system as well as a comprehensive, stage-by-stage description of a jury trial and of the sentencing procedure in a criminal trial. The work also provides a unique estimate of the cost of the jury system, which is particularly relevant in this continuing era of budget constraints.

Rejecting the justifications usually given for the jury system, the work explains how the political roles of the jury constitute the chief value of the jury system. The basis of these political roles is the unquestionable power of the jury to acquit even a guilty criminal defendant, which allows juries to prevent the enforcement of unjust laws and the imposition of unjust punishments. Accordingly, the book challenges a range of practices that the judiciary has developed to obstruct the jury's exercise of this power. Most people—even including many lawyers—remain unaware of these practices, but they undermine the value of the jury system to our society. Finally, the book offers an original, thought-provoking analysis of the responsibilities imposed on criminal trial jurors in cases of compelling injustice.

Product Details

ISBN-13:	9781440802690
Publisher:	Bloomsbury Academic
Publication date:	07/06/2012
Pages:	256
Product dimensions:	6.10(w) x 9.40(h) x 0.90(d)

About the Author

Michael Singer, MA, PhD, JD, is professor at the School of Law at King's College London, England.

Table of Contents

Acknowledgments v

Introduction vii

Part I The Basics of the Jury System

Chapter 1 How the Jury System Works 3

Chapter 2 What the Jury System Costs 13

Chapter 3 Citizens as Jurors in the Justice System 29

Part II Myths about the Jury System

Chapter 4 The Myth of Improved Trial Outcomes 43

Chapter 5 The Myth of Promoting Democratic Citizenship 61

Part III The Jury as Political Institution

Chapter 6 The Long History of the Nullification Power 75

Chapter 7 The Jury as Safeguard against Government 87

Chapter 8 The Worth of the Jury System 99

Part IV Government Obstruction of the Jury

Chapter 9 Obstruction of the Jury in the Trial Process 111

Chapter 10 Obstruction of the Jury in the Sentencing Process 123

Part V Jury Responsibility

Chapter 11 Discretion and Responsibility 145

Chapter 12 Conscientious Fulfillment of Jury Duty 157

Chapter 13 Juror Responsibility for Unjust Prison Conditions 173

Notes 187

Bibliography 217

Index 235

What People are Saying About This

Larry R. Ridener

"Michael Singer provides a sociological analysis of the history, development and costs of the jury system, and describes its political implications. This book is an outstanding scholarly work and should be required reading for all pre-law, criminal justice, and law and society students at all levels."

Miguel A. Mendez

"The American jury's unreviewable power to acquit a defendant despite overwhelming evidence of guilt has long intrigued judges, lawyers, legal scholars, and historians. In his highly readable book, Professor Michael Singer explains why the principal justifications usually given for the use of jurors (improved trial outcomes and promoting democratic citizenship) are largely unfounded and argues convincingly why the jurors' role is essentially political. By acquitting the guilty, jurors prevent the enforcement of unjust laws and the imposition of unjust punishment; and by convicting the guilty, jurors legitimate the role of government in enacting and enforcing specific criminal sanctions."

Paul Butler

"Professor Singer has performed a valuable public service. Jury Duty is a comprehensive, easy to read guide to how citizens can use jury duty to improve American criminal justice. It should be required reading for scholars and activists alike."

Miguel A. Méndez

"The American jury’s unreviewable power to acquit a defendant despite overwhelming evidence of guilt has long intrigued judges, lawyers, legal scholars, and historians. In his highly readable book, Professor Michael Singer explains why the principal justifications usually given for the use of jurors (improved trial outcomes and promoting democratic citizenship) are largely unfounded and argues convincingly why the jurors’ role is essentially political. By acquitting the guilty, jurors prevent the enforcement of unjust laws and the imposition of unjust punishment; and by convicting the guilty, jurors legitimate the role of government in enacting and enforcing specific criminal sanctions."

Miguel A. Méndez

"The American jury's unreviewable power to acquit a defendant despite overwhelming evidence of guilt has long intrigued judges, lawyers, legal scholars, and historians. In his highly readable book, Professor Michael Singer explains why the principal justifications usually given for the use of jurors (improved trial outcomes and promoting democratic citizenship) are largely unfounded and argues convincingly why the jurors' role is essentially political. By acquitting the guilty, jurors prevent the enforcement of unjust laws and the imposition of unjust punishment; and by convicting the guilty, jurors legitimate the role of government in enacting and enforcing specific criminal sanctions."

Jonathan Simon

"Jury Duty is a sobering reminder of the moral cost of mass incarceration and the responsibility that this places on those of us who have the right and the duty to serve on juries in the United States. Now the humanitarian crisis inside America's prisons gets personal."

Emily Bazelon

"Michael Singer has written a thoughtful and comprehensive history of the role of the jury—one that challenges us to appreciate anew the crucial role it plays in our legal system."

Editorial Reviews

This detailed book would work in judicial process courses as an introduction to the controversy surrounding the jury system. Summing Up: Recommended. General readers, undergraduate students, graduate students, and professionals.” —Choice

From the Publisher