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Justice, Democracy and the Jury
     

Justice, Democracy and the Jury

by James J. Gobert
 

ISBN-10: 1855212633

ISBN-13: 9781855212633

Pub. Date: 11/01/1997

Publisher: Ashgate Publishing, Limited

Product Details

ISBN-13:
9781855212633
Publisher:
Ashgate Publishing, Limited
Publication date:
11/01/1997
Pages:
260
Product dimensions:
9.21(w) x 6.14(h) x 0.87(d)

Table of Contents

Prefacevii
1Justice and the Jury1
The conventional view of the jury's role2
Clues to a different role7
A four-stage process of adjudication9
Jury justice14
Reaching consensus20
The hierarchy between law and justice22
Conclusion23
2Doing Justice27
The justice of the law28
The justice of sanctions30
The jury and legislative reform33
The jury in a resisting role35
The jury in an individualizing role39
The justice of the criminal justice system45
Heightening the jury's sensitivity to the demands of justice47
Conclusion56
3Judge versus Jury61
The jury and its critics61
A question of competency66
The problem of bias72
Corruptibility77
The judge's dilemma79
The mathematical advantage of the jury86
Fact-finding87
The dialectics of deliberation90
The synergism of the deliberations92
Judge and jury decision-making compared93
Conclusion94
4Democracy and the Jury99
The nature of democracy99
Democratic selection102
Democratic deliberation103
The democratic dividend107
The jury as democratic determiners of the law111
The democratization of the British jury114
The democratization of the US jury118
Democracy and the peremptory challenge125
Conclusion127
5Justice versus Democracy135
Peers and prejudice136
Proportional representation138
Democracy's threat to justice142
Conscience versus constituency146
The primacy of justice148
A balancing of biases150
The dynamics of the democratic jury153
Conclusion158
6The Selection and Training of Jurors161
Impartiality162
The relationship between knowledge and impartiality163
The myth of the impartial juror167
The search for impartial jurors170
The role of the court in jury selection180
Juror training183
Conclusion188
7From the World of Law to the World at Large193
The jury as process194
Democracy in decline200
Recapturing democracy205
Learning from citizen's juries212
Reinventing representative government218
Conclusion223
Bibliography227
Index243
Index of Authors Cited251

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