Table of Contents
Table of Cases ix
Preface xvii
Chapter 1 Introduction 3
What Jury Independence Is All About 7
Chapter 2 The Origins of the Doctrine 13
Pre-Revolutionary History 13
Bushell's Case: Recognition for Jury Independence 24
Fox's Libel Act: British Juries Change the Law 28
Chapter 3 Revolutionary Times 45
Georgia v. Brailsford: A Unanimous Supreme Court Instruction 45
The Fries Case and the Chase Impeachment Trial 53
Jury Independence in the State Courts 60
Chapter 4 The Development of the Modern View 65
Resolving Tensions Between Judge and Jury 65
The Unconstitutionality of Slavery: Spooner's Influence on Jury Independence 75
State Legislative, Judicial, and Constitutional Developments 88
Sparf et al: The Supreme Court Rejects Jury Independence 99
Vices, Crimes, and the National Prohibition Act 108
Chapter 5 The Modern Era 117
State Legislative, Judicial, and Constitutional Developments Revisited 117
The Vietnam War Cases: A Preference for Sua Sponte Nullification 124
Chapter 6 The Current Debate 143
Why Juries Still Refuse to Convict 143
Political Developments and Renewed interest in Independent Juries 154
Model Fully Informed Jury Act Legislation 165
Chapter 7 Scapegoating the Jury 167
The Bigoted Jury: Acquittals in Lynchings and Civil Rights Murder Cases 167
The Lynching Cases 171
The Civil Rights Murders 181
Can Racist Nullification Be Discouraged or Controlled? 186
The Impartial Jury: Black Victims, Black Defendants, and Black Jurors 190
Inside the Jury Room: Can Jurors Act Responsibly When Race Is an Issue? 198
Chapter 8 The Capital Jury 205
Early Juror Discretion in Capital Cases 205
Furman and Its Progeny: Resolving the Disparities in Capital Sentencing 212
The Death-Qualified Jury 222
Penry and the Requirement of Individualized Sentencing 230
Chapter 9 The Obligations of Jury Duty 239
Understanding the Juror's Oath 239
The Juror's Oath in Early American History 243
What's a Juror To Do? 246
The Context of the Juror's Oath 256
Other Obligations Jurors Face 261
Chapter 10 The Lawyer's Challenge 267
Empowering the Jury 267
Theories and Themes of the Nullification Case 271
Voir Dire 274
Opening Statement 279
Presentation of Evidence 282
Closing Argument 285
Reconstruction of Closing Arguments in the Rodger Sless Trial 289
Chapter 11 Summary 297
The Role of the Jury: A Political Question 297
Index 305
