The Jury Trial in Criminal Justice / Edition 1

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Product Details

  • ISBN-13: 9780890893494
  • Publisher: Carolina Academic Press
  • Publication date: 1/28/2003
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 376
  • Product dimensions: 6.00 (w) x 8.90 (h) x 1.00 (d)

Table of Contents

Editor's Preface
Ch. 1 The Declining Importance of the Jury Trial and the Plea Bargaining Problem 3
Introduction 3
On the Myth of Written Constitutions: The Disappearance of Criminal Jury Trial 6
Happy New Year - You're a Juror 11
Bargaining in the Shadow of the Hammer: The Trial Penalty in the USA 23
Juries: The Great American Myth 30
Ch. 2 The Defense Counsel: The Duty of Zealous Representation and the "Usurpation" Problem 43
Introduction 44
Defending the Defenders 47
The Practice of Law As a Confidence Game 59
But How Can You Sleep Nights? 70
Address to Prisoners in Cook County Jail, 1902 83
Ch. 3 The Prosecutor: The Duty to Seek Justice and the Abuse of Discretion Problem 95
Introduction 95
The Decision to Prosecute 99
The Prosecutor's Domain 110
A Moral Standard for the Prosecutor's Exercise of the Charging Discretion 123
Prosecutors As Crime Creators: The Case of Prenatal Drug Use 137
Ch. 4 The Victim: The Nature of Victimization and the "Victim Legitimacy" Problem 149
Introduction: The Social Framework of Victimization 150
The Ideal Victim 154
Placebo Justice: Victim Recommendations and Offender Sentences in Sexual Assault Cases 161
The Victim-Offender Relationship in Convicted Homicide Cases: 1960-1984 168
Repeat Victimization among Adolescents and Young Adults 177
The Criminal Among Us 183
The Vilification of the Crime Problem 186
Ch. 5 Jury Selection and the "Biased Juror Problem" 203
Introduction 203
The Socialization of Jurors: The Voir Dire As a Rite of Passage 206
Juror Honesty during the Voir Dire 214
Social Psychology in Court 221
Scientific Jury Selection: What Social Scientists Know and Do Not Know 232
Jury Selection: A Social Scientific Analysis 242
Ch. 6 The Story Model of Jury Decision-making and the "Jury Nullification Problem" 269
Introduction: Jury Decision-making and Its Assessment 269
Memory for Pragmatic Implications from Courtroom Testimony 277
Storytelling in the Courtroom 282
The Story Model for Juror Decision Making 292
Some Steps between Attitudes and Verdicts 301
Effects of Jurors' Identification with the Victim Depends on Likelihood of Victimization 316
Jury Nullification in the United States of America: A Brief History and 21st Century Conception 322
Suggested Readings 333
Index 337
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